Legal Question in Employment Law in California
contested unemployment benefits
I recently quit my job and moved to San Diego. I plan to go to graduate school, but am currently only attending night classes while I prepare my applications. I am looking for work, and plan to work while I am in graduate school, continuing to only schedule classes at night.
I did quit my job, but I was involved in an uncomfortable situation with another coworker at the time who was making it difficult for me to do my job, and was undermining me behind my back to my staff. This coworker has subsequently been fired by the company. I had decided to move to San Diego, so quit my job earlier than planned, because of the unpleasantness with this coworker.
I have now received a letter from the unemployment adjudication office that they would like to conduct another interview with me, about why I left my job and whether I am attending school.
Any advice for handling this interview? I do not want to lose the benefits, or worse case, have to pay them back.
2 Answers from Attorneys
Re: contested unemployment benefits
You will likely have to show that your leaving your company was due to what is known as constructive termination, ie., things were so bad that you had not choice but to leave. May depend also on what your notice stated, ie., if you said you were moving and were leaving, not good, if you said you were given no choice but to leave because of bad or illegal acts of management, etc. it would have been better.
Re: contested unemployment benefits
When doing the interview, of course, tell the truth. Before the interview, review and get the dates straight for when you told management about the uncomfortable situation and their failure to remedy it. That's the best you can do. Obviously, the timing of your decision might be a point of contention, but you've explained it well as for your reasons for accelerating your departure. Good luck.
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