Legal Question in Employment Law in California
Can I quit my job and still recieve unemployment?
I have been employed by my current employer for over two years. I received a promotion after about 6 mos. of being on the job.
We have recently hired a new company president who has decided to reorganize the entire school. I was told that I could no longer hold my current position because I lack certain credentials (BA)and that the school was hiring some one to replace me. I was told verbally that when a replacment was found I would receive 2 weeks notice and 2 weeks severence pay. I was never told when I took this promotion that my job would be of a temporary nature. Had I known, I would not have taken it.
No one has mentioned letting me go since that initial meeting and now I feel I'm being forced into taking a position in the company that I do not want so they won't have to lay me off.
All I want are my unemployment benefits so I can have time to look for employment elsewhere and not be stressed about my current work environment anymore. Do I have any ground to stand on?
1 Answer from Attorneys
Re: Can I quit my job and still recieve unemployment?
One of the grounds to be disqualied from unemployment benefits is quitting a job. You have the burden of proving you quit with good cause but this is a difficult standard to meet. The scenario you describe may be looked down upon by EDD which may decide that it is better to work in a position of uncertainty than to have no job at all. If you decide to quit, be prepared to show you had no other choice.
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