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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5040
Experience:  Extensive experience representing employees and management
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My wife currently works for a For-Profit College. Her current

Customer Question

My wife currently works for a For-Profit College. Her current postion as an Admissions Cousenlor requires her to meet her quota to enroll students. This was never in her original scope of work when hired. After trying to get clarification from her managment, they just danced around the issue and never addressed the "quota". Iowa Senator, Senator Harkin has exposed this For-profit college practice at Senate hearing to identify false marketing practice to obtain students.
If my wife decide to resign her position, would she be entitiled to Unemployment Benefits for Good Cause?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.
Hello and welcome to JustAnswer.

Do you believe that your wife is being required to violate the law by being required to enroll a certain number of students (a quota)?
Customer: replied 1 year ago.
Not necessary violating the law but rather being forced to meet a quota, but her job does not specifically defines a quota requirement. She was recently given a written warning. When she asked for further guidance her managment never gave her specific guidance in writing to address quota, but she is constantly hearing verbal instructions to meet her student quota.
Expert:  Joseph replied 1 year ago.
Hello Jeff,

Unfortunately, as an at-will employe, your wife's employer is free to change the conditions and terms of her employment (such as requiring that she meet a quota) at any time for any reason with or without prior notice, as long as this is not a legal violation or a violation of public policy.

This stems from the employment at-will doctrine, which is codified in California Labor Code Section 2922, and states:

"An employment, having no specified term, may be terminated at the will of either party on notice to the other. Employment for a specified term means an employment for a period greater than one month."

Unfortunately, while the school's policies in having quotas appear to be unethical and immoral, they are currently not illegal nor would they
be likely to considered to constitute violations of public policy.

That said, your wife would probably have an up-hill battle proving that she voluntarily quit for 'good cause,' which is definied as a reason
that would make another reasonable person in the same circumstnaces who wanted to stay employed also leave his or her job.

Still, it is a possibility, but I want to be realistic with you about her chances of receiving unemployment if she were to resign from her job.

To read more about establishing 'good cause' for a voluntary quit, she can read more online here:

http://www.edd.ca.gov/uibdg/Voluntary_Quit_VQ_5.htm

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