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LawTalk
LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 27888
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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Ive been working for almost 7 years now at a Drs Office. I

Customer Question

I've been working for almost 7 years now at a Drs Office. I am getting ready to quiet and would like to know if I will be able to get unemployment. About a year ago my "Boss" passed away. Keep in mind she was Drs right hand. Afte her passing the office was running smooth no problem, for maybe 6mths. Front desk clerk decides to hire her niece to come work with the group. Unbeknown to me, the Dr. promoted the front desk clerk the position of Office Manager. Well that changed everything in the office. She has been an incompetent leader. Recently she made us sign a paper(understanding of our schedule).........among other stuff. But I was the only one to sign as far as I know. Because one my other co-workers didn't sign it. Although she wants me to follow her rules. Her niece that just came in has and is acting like they run the show. I have almost 7 years working for this Dr. It is a long time. But I would like to be able to get unemployment at least. I've been dealing with her attitude and poor manager skills for a good while now. The situation here is only getting worse and I know changes are imminent. Can I quiet for this reason and qualify for unemployment????? Need help.
Submitted: 10 months ago.
Category: California Employment Law
Expert:  LawTalk replied 10 months ago.

Good afternoon Yaneth,

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

Under CA law and EDD regulations, quitting because you see your boss as incompetent or having a hateful attitude is not a justification that will allow you to collect unemployment. The reasons that you can quit your position and still qualify for unemployment benefits are rather limited.

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.


Unless your reason for leaving falls within one of the above parameters, you likely will not qualify for unemployment benefits.

However, there is another way that you can leave and still receive benefits in CA, and that is though a Mutually Agreed Separation from your employment. What this means is that you and your employer agree that you are no longer a good fit for the position but that you have done nothing to merit being terminated, and there is then an agreement that your leaving is accepted and agreed to a mutual. Under that circumstance, CA law will allow you to make an unemployment claim while you seek a new job elsewhere.

Here is a link to the CA EDD site which sets out that this Mutual Agreement will protect your ability to claim unemployment benefits. See section F of the document:

http://www.edd.ca.gov/uibdg/Voluntary_Quit_VQ_135.htm


Please keep in mind that, even though you have already paid your deposit money over to JustAnswer, until you rate me highly for my service, I will not be paid for having assisted you with your questions.

If you have additional questions, you may reply back to me using the Reply to Expert link and I will be happy to assist you further until your questions have been answered to your satisfaction.

I wish you the best in your future.

Doug




Expert:  LawTalk replied 10 months ago.
Good evening Yaneth,

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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