California Employment Law
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Hello,The answer depends on whether the employer offered you the "Hobson's Choice" to either quit or be terminated/fired from employment. If yes, then you are entitled to unemployment benefits, because your termination was involuntary. If no (i.e., you resigned under conditions in which your employer would have retained you, had you not resigned), then you are disqualified from receiving unemployment insurance benefits, because you voluntarily terminated your employment relationship without "good cause" (a clear justification attributable to the employer's wrongful acts or omissions). If you are concerned about the possibility of being tricked into a voluntary termination, then you can write something above your signature on the separation agreement like:
Hope this helps.
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the Hobson's choice is not mentioned with in the Separation Agreement and General Release, so this would mean that my husband would get unemployment, after he signs the paper,since he did not resign or quit.
Per my Husband they did not offer the Hobson's Choice nor was it put in the Agreement.
I want to make certain that I haven't confused you. Please don't take this as condescending. What I mean by "hobson's choice" is simply a common way of saying that your husband wasn't actually offered the option of remaining with the employer. Example:
The agreement may not say anything about the choice concerning termination. But, unless it does, your husband may have to prove to the California Employment Development Department (EDD) that he did not resign -- if the employer claims that your husband did resign.
The botXXXXX XXXXXne is that unless the separation agreement expressly states that the employee is being involuntarily terminated, then the issue is unresolved, and could create room for a dispute that will have to be resolved by the EDD administrative law judge -- which means that your husband could win or lose the dispute.
So it's up to your husbsand to try to protect his interests by placing something into the separation agreement that expressly states that your husband's termination from employment is at the employer's instance -- i.e., he's being laid off, no matter how he may want to avoid the inference.
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