Legal Question in Employment Law in California

My 25 year old son recently quit his part time job after 3 1/2 years in retail. I understand that good cause must exist if you quit your job and want to collect unemployment benefits. The manager was always yelling at my son and making him feel nothing was good enough. When she wasn't inside yelling, she was outside smoking and crying.

I don't know if her actions can be considered good cause, however, they affected my son who is currently receiving Social Security Disability (not SSI) for "severe mental" (chronic depression). My son tried to commit suicide several years ago, and even though he is doing so much better, this work atmosphere was beginning to take a toll on his emotional health.

We live in California and Social Security says he can collect but it's up to the unemployment people.

Any input would greatly be appreciated.


Asked on 2/09/11, 4:52 pm

1 Answer from Attorneys

Aryeh Leichter Leichter Law Firm, APC

"Good cause" exists for leaving work, when a substantial motivating factor in causing the claimant to leave work, at the time of leaving, whether or not work connected, is real, substantial, and compelling and would cause a reasonable person genuinely desirous of retaining employment to leave work under the same circumstances.

The "reasonable person" is physically the same as the claimant (i.e. a person with severe chronic depression).

There's a three-part test in determining whether an employee quit for "good cause."

(1) Is the reason for leaving "real, substantial, and compelling"?

(2) Would that reason cause a "reasonable person," genuinely desirous of working, to leave work under the same circumstances?

(3) Did the claimant fail to attempt to preserve the employment relationship, thereby negating any "good cause" he/she might have had in leaving?

This duty may be satisfied by reasonable steps, including, but not limited to, any of the following:

1. Seeking an adjustment of the problem by allowing the employer an opportunity to remedy the situation if the employer can reasonably do so.

2. Seeking a leave of absence or transfer to other employment with the same employer if likely to remedy the problem and if the claimant knew or should have known that a leave or a transfer probably would have been granted had one been requested.

Whether good cause existed for your son's resignation is very fact-specific; I honestly don't know how the EDD would rule, but these are the standards they use in ruling.

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Answered on 2/09/11, 5:06 pm


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