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Tina, Attorney
Category: California Employment Law
Satisfied Customers: 33166
Experience:  JD, 17 years experience & recognized by ABA for excellence in employment law.
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Employee in still in his 120 day probation period, gave notice

Resolved Question:

Employee in still in his 120 day probation period, gave notice (9 days) and the company wants to let him go early. Will the employee be eligible to file / collect unemployment if he leaves during his probation?
Submitted: 4 years ago.
Category: California Employment Law
Expert:  Tina replied 4 years ago.
Hello and welcome,

For what reason is the employee being terminated?
Customer: replied 4 years ago.
Employee resigned we are letting him go 5 days early
Expert:  Tina replied 4 years ago.
I see.

When an employee resigns, they are not normally entitled to unemployment benefits unless they can prove there was good cause to quit.

He could be eligible for benefits if you let him go early though, between the time he is let go and the date he was planning to resign. After the resignation date, he would not normally be eligible for benefits though.

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