Legal Question in Employment Law in California

I was a supervisor for a program that cared for children. While in the care of one of my employees, a child went missing for a few minutes. I was blamed for the incident since I am in charge and was asked to accept a position 2 levels below mine (a demotion) or I would be fired. The demotion would be for about 50% less of my wage and it would be about 50% less hours.

The incident was not my fault. Child was in care of a responsible employee. Employee had no history of losing kids. I did not do anything irresponsible in leaving child with employee since there was no prior history. Did not break any company procedures.

I disagreed with their decision and was not allowed to keep my position even though misconduct on my end did not occur. I felt that the position offered is not what i agreed to and was an immense drop in wages.

I filed for unemployment and was denied because employer stated I quit after being disciplined. I was given option to appeal. Do I have an opportunity to claim for unemployment benefits given the circumstance?


Asked on 12/07/12, 9:35 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

You are free to try anything you like, but if you quit without proper legal justification, you will be denied unemployment benefits and suffer the other penalties per the EDD rules. The judge will decided if he agrees you were justified, based upon your story and the story of the employer. You were accused of 'gross neglect' or something like that, so you will have to overcome that somehow.

If serious about hiring counsel to help in this, feel free to contact me.

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Answered on 12/07/12, 12:49 pm


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