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socrateaser
socrateaser, Lawyer
Category: California Employment Law
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Experience:  Retired (mostly)
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This question pertains to unemployment eligibility in the state

Resolved Question:

This question pertains to unemployment eligibility in the state of California. I’d been collecting unemployment after being laid off from my government job of 9 years @ 43.00/hr. on 12/15/2009. I took a job a much lower paying seasonal job @8.00/hr. at a local box mover. I worked there for a very short period of time (11/22/2010 until 12/2/2010) about 9 day’s total. I left that job after interviewing at another employer 3 times, thinking I had another job offer coming in my classification and pay scale. That job never paned out, I didn’t return to the employer knowing I could not do the job I was hired for, I realized right away I could not work the hours and stand for that period of time without suffering pain. I should have never taken that job.

Yesterday I interviewed with the California Employment Development Department it sounds like they are going deny extending my unemployment claim due to the short employment. If so, is there any acceptation I can ask a appeal’s board to consider that would allow me to continue receiving unemployment claim against my pervious long term employer?

It is a matter of staying solvent in my home or not.
Thank you,
"Derrick"
Submitted: 2 years ago.
Category: California Employment Law
Expert:  socrateaser replied 2 years ago.
A claimant is unemployed during "[A]ny week of less than full-time work, if the wages payable to him or her with respect to the week, when reduced by twenty-five dollars ($25) or 25 percent of the wages payable, whichever is greater, do not equal or exceed his or her weekly benefit amount." UI Code 1252.

Based upon your stated facts, you probably did not violate the above-stated rule. However, you may have accepted "full-time work" (40 hours per week), and that may have disqualified you from receiving UI benefits.

If my assumptions are accurate, then you may be able to claim that you had a definite offer, which was later withdrawn. In order to do this you must show:

  • Definiteness: A definite assurance of employment, and
  • Betterment: A substantially better job, and
  • Permanence: A job as permanent as the job the claimant left, or
  • Reasonableness: Whether a reasonable person genuinely desirous of retaining employment would have left to accept the offered employment.
The most important factor is reasonableness. That is if you can show that you left your current work under circumstance where any reasonable person would have done the same, then you would not be disqualified from receiving UI benefits.

Hope this helps.

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socrateaser, Lawyer
Satisfied Customers: 33550
Experience: Retired (mostly)
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