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Attorney & Mediator
Attorney & Mediator, Lawyer
Category: Employment Law
Satisfied Customers: 20012
Experience:  Attorney at law and Just Answer Legal Mentor
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I lost my job due to going to jail. I was on a vacation week

Customer Question

I lost my job due to going to jail. I was on a vacation week from work when I ended up going to jail. I never got the chance to talk to anyone from my work, so I never quit or asked for a leave of absence. My unemployment was denied because it states that I " voluntarily quit without good cause,". My former employer said I was "terminated for being off work more than 24 clock hours". I would like to know why I cannot collect unemployment?, and why going to jail is not a "good cause" to quit?
Submitted: 5 years ago.
Category: Employment Law
Expert:  Attorney & Mediator replied 5 years ago.
Going to jail is not good cause, because through your own misconduct you caused the termination of your employment since you could not be at work when needed. Your actions caused your termination of employment and so not good cause and this is why you are being denied unemployment.

Now if you are not convicted of an offense, then there was no misconduct so you would have good cause since your incarceration made it difficult to come to work.

California statute below:

1256.1
(a) If the employment of an individual is terminated due to
his absence from work for a period in excess of 24 hours because of
his incarceration and he is convicted of the offense for which he was
incarcerated or of any lesser included offense, he shall be deemed
to have left his work voluntarily without good cause for the purposes
of Section 1256. A plea or verdict of guilty, or a conviction
following a plea of nolo contendere, is deemed to be a conviction
within the meaning of this section irrespective of whether an order
granting probation or other order is made suspending the imposition
of the sentence or whether sentence is imposed but execution thereof
is suspended.
(b) Notwithstanding any other provision of this division, any
determination made prior to a conviction or other final disposition
of the criminal complaint or accusation by the court as to whether an
individual who is terminated due to his absence from work because of
incarceration voluntarily leaves without good cause may, if no
appeal has been taken from the determination, for good cause be
reconsidered by the department during the benefit year or extended
duration period to which the determination relates. Notice of any
reconsidered determination shall be given to the claimant and any
employer or employing unit which received notice under Section 1328
or 1331, and the claimant or employer may appeal therefrom in the
manner prescribed in Section 1328.

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