California Employment Law

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California Employment Law

I hope you can answer this question specific to California

Customer Question
law. I want to know...
I hope you can answer this question specific to California law. I want to know if would I be eligible for unemployment if I left a full-time job for a contract job--with a verbal possibility that the contract job *could* transition to permanent---but then the contract did NOT get renewed or transitioned to permanent. (This is because it's a start-up and who knows what will happen.)

If the answer is no (I hope not!), what if the above happened and my main reason for taking the contract job was to have more flexible availability to help my disabled parents?

thank you
Submitted: 6 years ago.Category: California Employment Law
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Answered in 1 hour by:
11/6/2011
California Employment Lawyer: Patrick, Esq., Lawyer replied 6 years ago
Patrick, Esq.
Category: California Employment Law
Satisfied Customers: 13,396
Experience: Significant experience in all areas of employment law.
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Hello and thank you for entrusting me to answer your question. Am I correct in assuming that neither position is with a government entity?
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Customer reply replied 6 years ago
That's correct!
California Employment Lawyer: Patrick, Esq., Lawyer replied 6 years ago
Hello and sorry for the delay in getting back to you on this. The answer is that working a temporary position does not in itself make you ineligible to receive unemployment benefits. You would only be ineligible if a "disqualification" applies. There are three basic disqualifications from unemployment insurance eligibility: (1) the employee quits without good cause; (2) the employee is fired for willful misconduct connected with his or her work; or (3) the employee commits fraud in the application for unemployment insurance benefits.

California law defines willful misconduct in this context to include conduct such as theft from the employer, gross neglect of duty or absenteeism due to use of intoxicants on the job, or battering another employee. If none of these disqualifications apply to you, then you are eligible for unemployment.

I hope that this information helps you in deciding what to do. Bear in mind that the above does not constitute legal advice, nor is any attorney-client relationship created between us.

If my answer has been helpful to you, please click on the GREEN ACCEPT button directly above. I will not get credit for assisting you or receive payment for my work unless you do this. Your question will not close after you click "accept," and you will still be able to ask follow-up questions if necessary.

The only facts I know about your situation are the ones that you tell me, so please try to be specific and bear in mind that, occasionally, miscommunications will occur. I will do everything I can to clarify my answer if I have misunderstood your question. Also bear in mind that the law does not always read how we think it should. I ask that you be understanding if an opinion I have provided is not consistent with what you wanted to hear.

Finally, the information that I have provided is not legal advice. I am not acting as your attorney and my answer does not establish an attorney-client relationship between us. I encourage you to consult with a local attorney in regard to legal matters.
Patrick, Esq.
Category: California Employment Law
Satisfied Customers: 13,396
Experience: Significant experience in all areas of employment law.
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Customer reply replied 6 years ago
Thank you, XXXXX XXXXX need to clarify something: when you are talking about disqualifications from unemployment insurance eligibility and you mention "employee quits without good cause," which job are you referring to? Are you talking about when I quit the job I have now or about when (if) my temporary/contract job that follows it is not renewed?

thanks again
California Employment Lawyer: Patrick, Esq., Lawyer replied 6 years ago
Sorry for the ambiguity in my answer and good question. I was referring to quitting the second "temp" job. An employee will not be disqualified for receiving unemployment benefits by simply leaving their current permanent position to take the potentially temp position. I hope this helps clarify, and please if you can remember to click "accept." Thank you kindly.
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