California Employment Law
California Employment Law Questions Answered by Legal Experts
Hello and welcome to JustAnswer.
I'm very sorry to hear about your situation and hope I can help.
What question do you have regarding your situation?
No, you wouldn't necessarily have received a denial by now, your claim could still be processed and you may still be approved. (EDD is very very overworked and understaffed, so oftentimes processing can take weeks and weeks if not months).
Yes, you can file a claim for unemployment benefits if you quit due to 'good cause,' which is defined as a reason that would make a reasonable person who wanted to keep employment leave his or her employment in the same circumstances.
It is not based on whether the workplace affected your health alone, the issue is also whether it would have caused a reasonable person in the same circumstances to also need to leave his or her employment.
You can read more about quitting due to a health condition (including a hostile work environment causing you stress, anxiety, etc.) here:
http://www.edd.ca.gov/UIBDG/Voluntary_Quit_VQ_235.htm#Quit Not on Advice of Physician
It would need to continue to be detrimental to your health or you had a reasonable basis for believing it to be so to get afforded unemployment benefits.
You can contact EDD online to find out about your claim at the Ask EDD site here:
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Thanks and best of luck!
They could be making an initial decision as of May 3rd, and then would decide whether or not your situation warrants a hearing. They also may be waiting to hear from your employer regarding whether or not they contest the benefits, and they may need to interview your employer and possibly they may not be available.
The EDD normally does not interview witnesses. That is typically done at the hearing stage. Unfortunately, I can only inform you based on my experience and knowledge of EDD, so I don't have any real way of knowing why they didn't contact your witnesses, but, as I mentioned, it would be very unorthodox for them to do so.
I think you have a very good case for receiving benefits, Brian, but I can't guarantee that that would happen. Unfortunately, only the EDD can approve unemployment claims. Your employer can only decide whether or not to contest your benefits. If they decide not to, it would definitely be very helpful to your case for benefits, but it doesn't eliminate the chance that EDD will independently decide you didn't have 'good cause' to quit.
All that said, you do seem to have a substantiated reason for leaving your job, so I think you should be granted unemployment benefits. (Even in the unlikely event that you are initially denied benefits and need to have a hearing before an Administrative Law Judge before you're granted benefits).
It typically will take at least two weeks to hear back from EDD after a phone interview, so, at the earliest, you should expect a response early next week.
Thanks again and best of luck!
You should ask EDD directly through the site that I gave you the link to about these questions.
They have more to deal with procedural issues than legal ones, as I'm not sure how the automated system operates.
I wouldn't assume that anything means that you've been denied, until and unless you actually receive a notification that you've been denied benefits.
(If you do, which I still think is very unlikely, you can and should apply for disability benefits).
Great to hear Brian!
Happy mother's day to you and yours as well!
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