Legal Question in Employment Law in California

Hello

i quit my job because i ended up doing work that i was not hired for, became an intern for 2 years rather than 4 months, and got a raise a year and a half later from when i worked.

i stated when i applied for UI that i left because the work that i was hired for got less and less and i wanted to search for a better opportunity elsewhere. In the end, i had a bigger reason, which my father is diabetic and i had to move closer to where he was moving to in southern california. i did mention this to my boss when i put my notice in and told him about my father. I also asked if i were to be let go or laid off and they said they couldnt do that.

so i gave it a shot because i didnt know my works full involvment in this and thought of UI accepted me then

My job appealed the decision saying that there was work available and that i had some times where i took off (doing my own personal work) and they misunderstood it saying that there was no work period. Ofcourse i was not as ellaborative on the UI application because there was a limited amount of words to begin with

Now i have to go to a hearing, and dont know how to tackle this.

i have received benefits, and have worked and always stated my earnings in my claim forms.

all i have are emails of me attempting to meet my boss to take about change in my work or payment, and email of me stating my father reason for leaving, and a doctors letter. that is it

this company is going after me for pennies and i want to know how i can win this, its stressful.


Asked on 12/10/10, 1:32 pm

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

Generally, when an employee voluntarily quits their job, they are disqualified from receiving unemployment benefits unless they can show a compelling reason for having done so. The burden is on you to convince the ALJ of that compelling reason. I'm not sure being dissatisfied with the job you held for 2 years will suffice.

However, it helps to be aware of how the EDD views and rules on such issues. You should go to their Benefit Determination Guide and click on the section for Voluntary Quit. Look for fact scenarios that most closely resemble your situation to prepare for your hearing. You can find this at http://www.edd.ca.gov/UIBDG/ .

Good luck.

Read more
Answered on 12/15/10, 2:00 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in California