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Tina, Attorney
Category: California Employment Law
Satisfied Customers: 33167
Experience:  JD, 17 years experience & recognized by ABA for excellence in employment law.
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Hi, I quit my job on the day I was going to be let go due

Resolved Question:


I quit my job on the day I was going to be let go due to performance issues in my new role. The EDD denied my initial claim for UI and I am scheduled to appeal the decision. can you tell me what is my burden of proof to show I was not the moving party based on:

Title 22 of the California Code of Regulations, Section 1256-1(d) provides:

An employee who leaves work when asked by the employer to either resign or be fired, or an employee who resigns rather than agree to a forced leave of absence, has not left work of his or her own free will. In these situations, since the employee did not choose to quit, the employer is the moving party in the separation and the employee becomes involuntarily unemployed.

I have documentation that I was on Corrective Written Action but all of the performance feedback I received was verbal and I have nothing in writing that shows I would have been fired; only that my Corrective Action would end on a certain date, with verbal feedback, suggesting that date would be my last day of employment.

Submitted: 5 years ago.
Category: California Employment Law
Expert:  Tina replied 5 years ago.
Hello and welcome,

The section you cite refers to termination WITHOUT good cause typically. Where you were anticipating the employer would terminate you for good cause, quitting would not normally make you eligible for benefits since a termination for good cause prevents you from collecting such benefits.

While you could attempt to use this section to shift the burden to the employer to prove good cause, if they can produce evidence of performance issues, your application would likely be denied.

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