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LawTalk
LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 27889
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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my job moved me from the office and set up our system in

Customer Question

my job moved me from the office and set up our system in our home. Working from home isnt working for me, too stressfull , i just couldnt seperate work from home so i put in my two weeks notice. In addition, my position as a rater was being eliminated and i did not want to accept a lower job offer. Can i get unemployment and what just cause should i use
Submitted: 1 year ago.
Category: California Employment Law
Expert:  LawTalk replied 1 year ago.
Good morning,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

While you could have initially refused to work from home, and had that been forced on you, you could have said no and resigned and been eligible for unemployment---because it was a major changes in work duties.

However, under CA unemployment regulations, when you agree to work from home, and accepted that change, you were bound to continue with that change unless allowed to change by the employer. Your resignation based on the fact that you decided that working from home was no for you is not going to be considered a proper justification, and I'm sorry, but unemployment benefits will almost certainly be denied.

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 for purposes of new employment obtained by one spouse/dependent child.

3. Discrimination, based on your race, color, gender, ethnic or national origin, age, religion or 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.


Now, what will allow you to claim unemployment is for you to speak with your employer, explain the situation to them, and ask if they are willing to agree to an Mutual Agreement of termination of employment.

If you and your employer agree that you are being terminated because it just "didn't work out," that would not be considered misconduct and you will be eligible for UI benefits.

Another thing to consider is that under CA law, if you work from home, your employer is legally obligated to reimburse you fore every penny of money that you spent in forking from home---including their share of the value of the space you use for your office, phone and computer and internet expenses, etc.

Here is the law:
CA Labor Code §2802. (a) An employer shall indemnify his or her employee for all necessary expenditures or losses incurred by the employee in direct consequence of the discharge of his or her duties, or of his or her obedience to the directions of the employer, even though unlawful, unless the employee, at the time of obeying the directions, believed them to be unlawful. (b) All awards made by a court or by the Division of Labor Standards Enforcement for reimbursement of necessary expenditures under this section shall carry interest at the same rate as judgments in civil actions. Interest shall accrue from the date on which the employee incurred the necessary expenditure or loss. (c) For purposes of this section, the term "necessary expenditures or losses" shall include all reasonable costs, including, but not limited to, attorney's fees incurred by the employee enforcing the rights granted by this section.

You might also suggest that if they will agree to call your resignation a Mutually Agreed termination, that you will not seek to collect the money that they owe you under the law for the expenses you have incurred while working from home.

You may reply back to me using the Continue the Conversation or Reply to Expert link if you need any clarification of my answer.


Please remember to rate my service to you when our communication is completed, so that I will be compensated for my time in providing you with the information you requested. I will be happy to continue further, and to assist you until I am able to address your concerns, to your satisfaction.


I wish you the best in 2013,

Doug
Expert:  LawTalk replied 1 year ago.
Good evening,

I wanted to thank you for using JustAnswer, and to inquire whether my answer to you was helpful to your understanding of the law, as regards your question.

Is there anything else that I can assist you with, please feel free to ask. If you do not require further legal information at this time, please feel free to bookmark my profile so you can request me when you do have another question. Here is a link to my profile: http://www.justanswer.com/law/expert-lawtalk/

Thank you very much and take care.

Doug

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