Legal Question in Employment Law in California

I was denied Unemployment benefits because I voluntarily quit my job. The story is that I was fired for criticizing the company's management style, then after pleading for my job I was given a part time opportunity (they felt sorry for me) but the part time opportunity ended up being a 45+ work week with no benefits and significantly less pay and so I quit.

At a later date, after I had quit, the HR Director whom I got along with great, emailed me and told me that they were planning on laying me off in the future anyway and so that I should appeal the decision.

I need advice on how to win my case... What should I focus on ?

Thanks!


Asked on 8/17/09, 3:15 am

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

You need to be able to prove that a "reasonable person" would have quit the job given the circumstances you will present at the appeal hearing.The burden is on you to prove to quit your job with good cause. Subpoena the HR Director if you think he/she will truthfully testify that they planned to lay you off and, possibly, were trying to force you to quit. Go to the website for the Employment Development Dept. They have some good information on eligibility criteria and the rules the EDD applies.

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Answered on 8/17/09, 12:13 pm


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