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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 7647
Experience:  Significant experience in all areas of employment law.
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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: 1 year ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 1 year 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: 7647
Experience: Significant experience in all areas of employment law.
Patrick, Esq. and other California Employment Law Specialists are ready to help you
Customer: replied 1 year ago.

THANK YOU! Great response; will help me.

Expert:  Patrick, Esq. replied 1 year 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.

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Patrick, Esq.
Patrick, Esq.
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Significant experience in all areas of employment law.