How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Patrick, Esq. Your Own Question

Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 6697
Experience:  Significant experience in all areas of employment law.
Type Your California Employment Law Question Here...
Patrick, Esq. is online now
A new question is answered every 9 seconds

I am currently on medical leave and receiving CSDI. Employer

Customer Question

I am currently on medical leave and receiving CSDI. Employer is small business <25 emplyees. I cannot return to work as this job aggravated medical condition; noted by M.D.
How do I "Quit" and still be eligible for unemployement benefits while I search for another job? Dave Sharp
Submitted: 10 months ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 10 months ago.

Good afternoon and thank you for entrusting me to answer your question. I am very sorry to hear about your injury and your inability to continue working for your current employer.

In general, an individual will be eligible to receive benefits provided that they have received enough wages during the base period to establish a claim (this is never an issue if the employee has been employed for more than a few weeks), they are physically able and available to immediately accept work, actively seeking work, and unemployed through no fault of their own.

At issue when an individual quits is the final criteria--out of work "through no fault of their own." That's because when an employee voluntarily leaves their employment, the EDD regards XXXXX XXXXX of work as "through fault," since they made the voluntary choice to become unemployed.

Of course, the law does recognize certain limited exceptions to this general rule, mainly where the employee can demonstrate that they quit with "good cause." In general, however, claimants who quit face a tremendous uphill battle to collect benefits, regardless of the particular circumstances which prompted their resignation. Thus, at least insofar as unemployment benefits are concerned, it's always better to let your employer end the relationship.

Under the circumstances you describe, the best course of action is to simply continue your leave of absence until your employer provides notice of your termination. That way, nobody can argue that you are unemployed "through fault of your own." You were injured and unable to work, and by the time you recovered, your job was no longer available--that is the definition of "unemployed through no fault."

Since you are still physically unable to work, you stand little to gain from quitting, aside the obligation to now explain to the EDD why you are not unemployed "through fault of your own." If for some reason you must quit, though, you will want to explain in writing why you are no longer able to perform your present job duties, request a change in job assignments so that your employer has the option to retain you performing feasible work, and explain that unless your job description changes to comport with your present physical limitations, you will have no choice but to find other employment once you recover.

Writing such a letter will give you the best chance of proving to the EDD's satisfaction that your unemployment is "without fault" and that you did everything you could to keep your job.

Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes to you and thank you so much for coming to Just Answer.

Patrick, Esq., Lawyer
Satisfied Customers: 6697
Experience: Significant experience in all areas of employment law.
Patrick, Esq. and other California Employment Law Specialists are ready to help you
Customer: replied 10 months ago.

THANK YOU! Great response; will help me.

Expert:  Patrick, Esq. replied 10 months ago.

You are very welcome! It was truly my pleasure to be able to assist you.

If you have any further questions or concerns regarding the above, please do not hesitate to contact me in the future. There is no additional charge for that.

Also, in the next day or so, you may receive a survey from Just Answer asking about your experience with me. I would be tremendously grateful if you'd take a moment to provide high marks, as your opinions are extremely valuable to the site and of course to me as well.

Very best wishes to you.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • LawTalk

    Attorney

    Satisfied Customers:

    912
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    912
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Attorney

    Satisfied Customers:

    827
    JD, 16 years experience & recognized by ABA for excellence in employment law.
  • http://ww2.justanswer.com/uploads/PI/PIExpert/2012-7-1_152453_Attorney.64x64.jpg Brandon, Esq.'s Avatar

    Brandon, Esq.

    Lawyer

    Satisfied Customers:

    320
    Has received a certificate of recognition from the California State Senate for his outstanding legal service.
  • http://ww2.justanswer.com/uploads/PH/phoenixrising119/2012-7-26_11214_043.64x64.jpg melissamesq's Avatar

    melissamesq

    Attorney

    Satisfied Customers:

    47
    Represent clients to maximum recovery in employment cases.
  • http://ww2.justanswer.com/uploads/IG/Iggy1001/2013-11-20_23344_JApic.64x64.jpg Joseph's Avatar

    Joseph

    Lawyer

    Satisfied Customers:

    3098
    Extensive experience representing employees and management
  • http://ww2.justanswer.com/uploads/JK/jkiani22/2013-11-18_15348_JacobKiani1copy2.64x64.jpg jkiani22's Avatar

    jkiani22

    Attorney

    Satisfied Customers:

    20
    Attorney
  • /img/opt/shirt.png Legal Counsel's Avatar

    Legal Counsel

    Lawyer

    Satisfied Customers:

    32
    California Licensed Attorney- 29 years- Wages, Hours, Overtime, Discrimination, Wrongful Termination.