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Gerald, Esq
Gerald, Esq, Lawyer
Category: California Employment Law
Satisfied Customers: 2739
Experience:  30 years of experience
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Second opinion] - researching if I can file for unemployment

Customer Question

Second opinion] - researching if I can file for unemployment although I quit my job I quit to do stress reasons which caused me to be seen at the local ER and was taken out of work for a week due to high blood pressure. also after talks with HR I was in the process of filing harassment charges for all the extra work put on me which I stated for 3 months I was falling behind<br>Assistant: Thanks. Can you give me any more details about your issue?<br>Customer: my dept. was under staffed and everyone was given more work to do. Management delayed hiring help for over 3 months. Also being in an office salary position I was being told to go wok on the floor on nights and weekends. I was also demoted on Aug. 8th for falling behind on my office work. That following Saturday Aug 13th is when my blood pressure was so high with major headaches I went to the ER. I seen my Dr on Aug 15th and he took me out for the remainder of the week. I returned to work on Aug 22nd and heard how bad I was missed and needed while i was out by my other dept workers. And at our 8am meeting I was informed by the GM I was bac to my normal job and not demoted. Also, when a dept worker put in his 2 week notice was told I would have to do his job since I was from that position and trained him. I was told I would have to do 2 positions until they hired 2 people, which I was to train both
Submitted: 22 days ago.
Category: California Employment Law
Expert:  Gerald, Esq replied 22 days ago.


Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

Generally one can not collect UC benefits for a voluntary resignation. BUT there are exceptions to that rule. One exception is resignation because of health.

You may also be able to assert that you were constructively discharged if you can demonstrate that you were harassed and driven from your employment.

In both situations you may be initially denied by the investigator BUT you can and should appeal that decision to the hearing office and attend the hearing. You can submit your medical records and testify regarding your health and how you were treated at work. You will also need a statement from your physician.

You als have another appeal to the Board of Appeals if that is needed.

I can not guarantee that you will be successful, but many in your position have been.

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but it helps me greatly. Thank you.

If you are dissatisfied with my response PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,


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