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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Employment Law
Satisfied Customers: 18388
Experience:  B.A.; M.B.A.; J.D.
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My name is***** want to find out about my

Customer Question

Hi,
My name is***** want to find out about my situation at work. I was hired as a Operations Manager where I have been with this company for six months now. I was just recently informed that I need to spend 65% of my time out on the production floor and the other 35% at my desk. Also, I was told that I need to help in production and I need to operate a forklift truck. When I took this job this was never mentioned to me otherwise I would not have left my last job where I spent 90% of my time at my desk and the rest out on the production floor. I have been given 30 days to start doing this immediately.
My question is: If I resign and give the reason that I can not do manual/physical labor as I am 55 years old and not in physical shape to perform this kind of work, would I qualify for unemployment benefits if I resign for this reason?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
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Can you tell me what state this is in?
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Are you under any written employment contract for a set term that specifies your job duties under the contract?
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Are you part of a union?
.
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thanks
Barrister
Customer: replied 1 year ago.
State is California. No written agreement. Not part of a union.
Expert:  Barrister replied 1 year ago.
Ok, since this is in CA, I will have to opt out in favor of a CA Employment law expert.
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No need to reply and another expert should be along shortly to help..
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thanks
Barrister
Customer: replied 1 year ago.
Okay, I will await a response shortly
Expert:  Phillips Esq. replied 1 year ago.
Hello: This isCustomer I am a licensed Attorney and I will be assisting you today.
Hi,
My name is***** want to find out about my situation at work. I was hired as a Operations Manager where I have been with this company for six months now. I was just recently informed that I need to spend 65% of my time out on the production floor and the other 35% at my desk. Also, I was told that I need to help in production and I need to operate a forklift truck. When I took this job this was never mentioned to me otherwise I would not have left my last job where I spent 90% of my time at my desk and the rest out on the production floor. I have been given 30 days to start doing this immediately.
My question is: If I resign and give the reason that I can not do manual/physical labor as I am 55 years old and not in physical shape to perform this kind of work, would I qualify for unemployment benefits if I resign for this reason?

Response: You may qualify for unemployment benefits if you resign under the circumstances that you described here. Your situation may qualify under "Good Cause" as defined in California Insurance Code Title 22, Section 1256-3(b) since operating a forklift was not part of your job description when you were hired and the risk of injury may be high because of your age and physical shape. However, no one can guarantee your eligibility for unemployment benefits UNTIL you have applied for benefits and your application has been reviewed.
For more information on unemployment eligibility requirements, click on the links below:
http://www.edd.ca.gov/UIBDG/Voluntary_Quit_VQ_5.htm#GoodCause
http://www.edd.ca.gov/UIBDG/Voluntary_Quit_VQ_235.htm#UndueRiskofIllnessorInjury
http://www.edd.ca.gov/UIBDG/Voluntary_Quit_-_Table_of_Contents.htm
http://www.edd.ca.gov/Unemployment/Eligibility.htm