Good morning Elaine,
I'm sorry to hear of your dilemma.
While it is highly unlikely that you qualify for unemployment benefits, because you voluntarily resigned and based on the fact you have provided it does not appear that you had legal justification, such that you would be granted an exemption to the general rule that resignations make you ineligible for unemployment benefits---there may be some other legal redress
that you do have.
Justification in quitting your job which might be persuasive to an Unemployment Insurance Appeals panel would include:
- Sexual or other harassment
- Needing to move with a spouse or dependent child to another place of residence
- Discrimination (Ethnicity, Color, Religion, National Origin, Age, Sex and Disability)
- Working conditions that endanger your health or safety
- Major changes in the terms and conditions of your job affecting wages or salary
- Excessive overtime or an employer’s refusal to pay for overtime work
- Major changes in work duties
- Difficult relations with a supervisor, for which you are not primarily responsible
- Your employer is doing things which break the law
- Pressure from your employer or fellow workers to quit your job
You may well have a wage claim against your former employer. Because the employer demanded that you do the specific job that you did, and the fact that complying with all the company safety policies, as well as the state and federal mandates associated with your profession, the fact that it took longer than 8 hours a day to do you job was not your fault, and whether the employer likes it or not, you are eligible to be paid overtime for all the time over 8 hours in a day, and over 40 hours in any given week that you did work---even though the employer was not aware that you were doing it.
You might consider gathering the information you need to make the overtime claim to the employer, and submit it. If the employer balks at paying you, all you need do is to contact the local CA Department of Labor and submit a wage claim to them. They will investigate the claim and likely demand that the employer pay you for all that overtime---dating back up to 3 years, if it went on that long. This could be a very substantial sum.
I wish you and your family the best in 2011.Because I help people here, like you, for a living---this is not a hobby for me, and I sincerely XXXXX XXXXX abiding by the honor system as regards XXXXX XXXXX I wish you and your family the best in your respective futures.
Would you be so kind as to Accept my Answer so that I may be compensated for assisting you? Bonuses for greatly informative and helpful answers are very much appreciated. Thanks Again,