How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask socrateaser Your Own Question

socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 33806
Experience:  Retired (mostly)
10097515
Type Your California Employment Law Question Here...
socrateaser is online now
A new question is answered every 9 seconds

unemployment benfits

Customer Question

Hi, I quit my job. I was deployed as a linguist and was working in a hostile environment in Iraq. Things were getting dangerous over there. I asked to be laid off. My emplyer sent me the package of job termination, and I completed it and I signed that I am quiting my job on my own. Now I am back, I a grateful for being back healthy and in one piece. I am proud that I served my country. I live in Los Angeles, California. Global Linguist Soulutions was the company that I was working for as a DOD civilian contractor. My contract term was for one year, and I completed my contract.


 My question, can I apply for unemplyment benifts?

Submitted: 3 years ago.
Category: California Employment Law
Expert:  socrateaser replied 3 years ago.
You may be entitled to benefits. There are additional requirements to the unemployment application:

  • Federal civilian employees will be required to mail copies of the Standard Form 8 and Standard Form 50 to EDD. These documents are mailed to the employee at the time of separation.

  • Ex-military personnel will be required to mail a copy of Member 4 of their DD214 to EDD. The DD214 is mailed to the servicemember at the time of separation.

  • If you do not have your DD214, The National Archives and Records Administration (NARA) can provide you with information on your military service and copies of your DD214.

The problem for you is that you agreed that you quit voluntarily, which is generally a disqualification. However, if you can show that there was an imminent danger of the sort that you had not originally anticipated, then you may be able to obtain benefits. For a thorough discussion of this issue, see this link.

Hope this helps.

NOTICE: My goal here is to educate others about the law. I am always available to answer your follow-up questions after you click Accept – however, if you do not click Accept, the website gets paid, and I receive nothing. This is true, even if you are on a subscription plan. So please click Accept, so that I will be able to continue to provide this service for others in the future.


And, if you need to contact me again, please put my user id on the title line of your question (“To Socrateaser”), and the system will send me an alert. Thanks!

socrateaser, Lawyer
Satisfied Customers: 33806
Experience: Retired (mostly)
socrateaser and 3 other California Employment Law Specialists are ready to help you
Customer: replied 3 years ago.

Hi Socrateaser,

 

Thanks for your answer, however, it was not helpful enough for my situation.

 

You see, the company that I worked foe was Global Linguist Solutions, who got a DOD contract. My contract was with the company, not the government, so I was not a federal employee, nor an ex-military which you mentioned in your answer.

 

So. in my situation, working in a hostile environment, which in my case was Iraq, though I quit my job on my own, can I still get unemployment benifits?

Regards,

Expert:  socrateaser replied 3 years ago.
Hello,

If the issue is that you were employed for a private contractor, and that contractor was not located in California, and your employment was not located in California or anywhere else in the USA, then unless the employer specifically made unemployment contributions on your behalf, then you would not be eligible for uemployment benefits in California.

I note, however, that GLS is located in Richmond, VA. This means that if you were entitled to any unemployment benefits, it would be based upon VA, and not CA law.

It is possible that if you were subject to the control of GLS in VA (under the "base of operations test"), then GLS had the responsibility to pay UI contributions on your behalf, and therefore, you would have the right to benefits in the USA, from the Virginia Employment Commission.

Interestingly, if you are entitled to benefits, then you can have them transferred back to California via reciprocal agreemants between the two states.

So, the next step may be to contact VEC (800-828-1140), and apply for benefits. Because even if GLS did not make contributions on your behalf, it may have been required to, and the failure means that you would be entitled to UI benefits.

See this link for more VEC info.

Hope this helps.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • LawTalk

    Attorney

    Satisfied Customers:

    933
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    933
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Attorney

    Satisfied Customers:

    849
    JD, 16 years experience & recognized by ABA for excellence in employment law.
  • http://ww2.justanswer.com/uploads/PI/PIExpert/2012-7-1_152453_Attorney.64x64.jpg Brandon, Esq.'s Avatar

    Brandon, Esq.

    Lawyer

    Satisfied Customers:

    330
    Has received a certificate of recognition from the California State Senate for his outstanding legal service.
  • http://ww2.justanswer.com/uploads/PH/phoenixrising119/2012-7-26_11214_043.64x64.jpg melissamesq's Avatar

    melissamesq

    Attorney

    Satisfied Customers:

    47
    Represent clients to maximum recovery in employment cases.
  • http://ww2.justanswer.com/uploads/IG/Iggy1001/2013-11-20_23344_JApic.64x64.jpg Joseph's Avatar

    Joseph

    Lawyer

    Satisfied Customers:

    3443
    Extensive experience representing employees and management
  • http://ww2.justanswer.com/uploads/JK/jkiani22/2013-11-18_15348_JacobKiani1copy2.64x64.jpg jkiani22's Avatar

    jkiani22

    Attorney

    Satisfied Customers:

    24
    Attorney
  • /img/opt/shirt.png Legal Counsel's Avatar

    Legal Counsel

    Lawyer

    Satisfied Customers:

    32
    California Licensed Attorney- 29 years- Wages, Hours, Overtime, Discrimination, Wrongful Termination.