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socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 37861
Experience:  Retired (mostly)
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I am currenty on a leave of absence until dec. 1st for depression.

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I am currenty on a leave of absence until dec. 1st for depression. My manager tells me that my position has been filled and there are no other mgr openings. He has suggested I step down and take a supervisory position at half the salary and hours.

My job is no longer protected because I am past the 12 weeks fmla. If I choose to leave the company can I get unemployment? I am in California

Thank you,
Based upon how you describe your manager's comments, it would appear that you are already unemployed, because if your position has been filled and there are no other openings, then you don't have a job. Which means that you can apply for unemployment benefits after waiting one week (7 days) from the date that you were terminated (apparently the date that you received the notice from your manager concerning your job).

And, each week that you wait to apply, reduces your payment benefit, because your payment is based upon your highest earnings during the first four of the past five calendar quarters. So, as each week passes, the amoung of wages that fall within those four quarters decreases.

To file a UI claim, see this link.

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