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LawTalk
LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 37035
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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my job wanys me to go to school and get a certificate but I

Customer Question

my job wanys me to go to school and get a certificate but I have to start in a week and will have to for months and on my days off. Was told if I didn't go will have to look for a new job. Have vacation and other obigations made and can change them. Will I be able to collect unemployment.
Submitted: 4 years ago.
Category: California Employment Law
Expert:  LawTalk replied 4 years ago.
Good morning,

I'm sorry to hear of the situation.

While you are going to school will your job be paying you your normal wages?
Are you presently earning wages with this job?
Why does your job want you to go to school now? What kind of certificate are you supposed to receive?
Will you be working and going to school?

Doug
Customer: replied 4 years ago.
I am an activity assistant in a nursing home they want me to get my can certificate. I do not give nursing care. I work 40 hrs week and will cont to work 40hrs a week and will go to school 8 hrs plus on my days off. They will not pay me when I go to school they will pay for the class but not pay me while I am in class. The certificate will be use for overall nursing hrs for my building but have been told my job will stay I have 20 month old son and 3 teenager girls in my home I have the only car and only licsensed driver this will be a huge incoveince for me and my family. I have my activity cert. Have been employed there almost 10yrs
Expert:  LawTalk replied 4 years ago.
Good morning,

Thank you for the additional information.

You obviously can not collect unemployment benefits if you are fully employed, which is why I asked whether you would be working and going to class.

Are you asking if you quit your job will you be eligible for unemployment benefits?

Doug
Customer: replied 4 years ago.
Want to know if I don't go and fire me can I collect. Or if I quit can I collect. I have only 4 days to decide and rearrange my whole life for a class that's not need to do my job. Its not a health dept requirement.
Expert:  LawTalk replied 4 years ago.
Good morning,

In order to be able to collect unemployment you have to show that you are either not terminated for cause, or that you are justified in quitting.

Because the demand that you also attend school now in addition to your full time job---and you will not be compensated for that time constitutes a major change in your work obligations and your inability, or decision not to do that, would clearly appear to be valid and a proper justification if you were to quit. And if you were to be let go because you did not agree to do it,m it would almost certainly be consider NOT a termination for good cause.

Justification in quitting your job which might be persuasive to an Unemployment Insurance Appeals panel would include:

  1. Sexual or other harassment
  2. Needing to move with a spouse or dependent child to another place of residence
  3. Discrimination (Ethnicity, Color, Religion, National Origin, Age, Sex and Disability)
  4. Working conditions that endanger your health or safety
  5. Major changes in the terms and conditions of your job affecting wages or salary
  6. Excessive overtime or an employer’s refusal to pay for overtime work
  7. Major changes in work duties
  8. Difficult relations with a supervisor, for which you are not primarily responsible
  9. Your employer is doing things which break the law
  10. Pressure from your employer or fellow workers to quit your job
I believe that you will qualify for unemployment benefits if you do not go to the school and are let go. Because your employer may change their mind and not terminate you---you would be better off to allow them to let you go than to resign. It will simply make your application for unemployment a bit cleaner in my expectation.

You may reply back to me using the Continue the Conversation or Reply to Expert link if you have additional questions; and if you do, I ask that you please keep in mind that I do not know what you may already know or with what you need help, unless you tell me.

Kindly take a moment to rate my service to you based on the understanding of the law I provided. Please understand that I have no control over the how the law impacts your particular situation, and I trust you agree that it would be unfair for me to be punished by a (negative rating) ----the first 2 stars/faces----for having been honest with you about the law.

I wish you the best in 2012,

Doug
Customer: replied 4 years ago.
I just want to make sure. I work 4o hrs now and will cont to work and will have to go to school on my days off for 8 hrs each day off. They will pay for the class fee but not pay me.for those hours I am at school. I was told if I don't go I will have to look for a new job. I also askif it could be in writing that I will not be taken away from my current position to fill a position once I get my certificate. They said it would happen but couldn'twrite it out. So if I refuse to go to class wil I be able to collect unemployment. Thks
Expert:  LawTalk replied 4 years ago.
Good afternoon,

Yes, based on the major change in terms of your position---that you now must attend school part time and work full time, and that you will not be compensated for your time in school---you should have no problem proving your entitlement to unemployment benefits.

You may reply back to me again, using the Reply to Expert link, if you have additional questions.

Would you please rate me highly now, based on my assistance to you in understanding the law.

I wish you the best in 2012,

Doug
LawTalk and other California Employment Law Specialists are ready to help you
Customer: replied 4 years ago.
Thks. I was giving a seperation of employment date. 3 weeks from the date I told them I didn't want to attend class because the could not gurantee I would not be put on floor for nursing work. I have asked if the adm could put that in writing and stated he couldn't. I feel like they are trying to mess me up with my chances on unemployment. Nothing has been giving to me in form of paper work. What should I do.
Expert:  LawTalk replied 4 years ago.
Good morning,

You might consider sending a confirming letter to the employer---stating in specifics, exactly what was told to you, when and by whom, and that as the person refused to put the termination notice in writing, that you fee obligated to do so. Mail it certified---return receipt, and email also if you wish.

Please know that the Terms of Service of JustAnswer specify that each customer ask one question in each question thread. I would respectfully XXXXX XXXXX you open a new question thread if you have any additional new questions to ask of me. You may ask for me personally by referring to me by name (Doug) in the question and I will be able to answer your continuing questions. Thanks in advance.

You may reply back to me again, using the Reply to Expert link, if you have additional questions.

Would you please rate me highly now, based on my assistance to you in understanding the law.

I wish you the best in 2012,

Doug

Doug

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