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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 4872
Experience:  Extensive experience representing employees and management
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Hello! My daughter, a working student, resigned from work

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Hello! My daughter, a working student, resigned from work (one of the largest banks in CA) in March of this year due to some misunderstanding with the supervisor who was managing her schedules. Her original work schedule was T-Th-S. She had this schedule since she started with them summer of 2011. This Spring Quarter, however, she had to change her schedule due to school-- her required classes were only offered T-Th. She warned her manager about this, and advised to file the change of schedule with her supervisor effective April or start of Spring quarter. Everything seemed okay; no question from her supervisor or call. Unfortunately, middle of March, when she was making sure that all were okay, she found out that her schedule was not changed. She spoke to her manager, but was advised that the best thing to do was to put in her 2 weeks notice and just re-apply if another position for M-W-F opens. Since my daughter didn't want any trouble, and more so, be recorded for absence or no-show at work the following weeks, she readily followed the advise and resigned; she couldn't have changed her schedule at school anyway-- too late, she has scholarship and she needs a guaranteed full load as well.

Given the circumstance, can she file with EDD and be eligible for Unemployment Benefits?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.

Hello and welcome to JustAnswer.

 

I'm very sorry to hear about your daughter's situation and hope I can help.

 

Unfortunately, it is very unlikely that your daughter would be eligible to receive unemployment benefits for two reasons.

 

1) She voluntarily quit instead of being terminated through no fault of her own. Although she followed advise to quit, unless it was in lieu of termination she would not be eligible for unemployment benefits, since she needs to have ben terminated through no fault of her own to be eligible for unemployment benefits.

 

2) She is not ready and available to accept full time work. In order to be eligible for unemployment benefits, an applicant needs to be ready and available to accept full time employment. Since your daughter is a full time student and must carry a full course load, she is not ready and available to accept full time employment and would not be eligible for unemployment benefits.

 

I sincerely XXXXX XXXXX had better news to give you, but I hope you appreciate a direct and honest answer to your question.

 

Please let me know if you have any follow up questions.

 

If not, please remember to rate my answer positively so I get credit for my work.

 

Thanks and best of luck!

Customer: replied 1 year ago.
Hi, Joseph!

Thanks very much for the response. I'd like to make a followup question.

I just spoke to my daughter, and I guess I'm too late a 'mama' -:(

I got in the mail today a letter from EDD stating that her application was denied. Apparently, since she got EDD brochures from the bank (I guess as part of their procedure when an employee gets separated), she said she called EDD to inquire and clarify about her situation. They had apparently advised her to go ahead and file, and gave her a schedule for interview. She submitted her application, however did not get to answer the interview call since they called at a different time from what they had advised-- an hour late or something, and she was already in class.

The letter from EDD states she could appeal. But considering your initial response, I am guessing you will not approve of this move, right?

So, my question is-- would this denial affect her overall 'employability' rate next time? Or should I say, I guess I'm just concerned that she got denied in her application-- will this put a 'brand' or 'mark' on her?
Expert:  Joseph replied 1 year ago.

Hello Lettie,

 

Yes, unfortunately, her appeal would almost certainly not be successful, so it wouldn't be worthwhile to appeal.

 

The denial of unemployment benefits has absolutely no effect on her employability. This does not put any brand or mark on her for future employment or for unemployment benefits eligibility in the future.

Joseph, Lawyer
Satisfied Customers: 4872
Experience: Extensive experience representing employees and management
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