California Employment Law
California Employment Law Questions Answered by Legal Experts
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:
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