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Brandon, Esq.
Brandon, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 1953
Experience:  Has received a certificate of recognition from the California State Senate for his outstanding legal service.
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Would I still qualify for unemployment.

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I became unemployed and then I recently got a hired by a company that offered me a desired position which I accepted. However the job that I was offered and hired to do is not the job I am doing. I approached my boss about it and he said we need you to do the for now until they can find a replacement. The company has not even begun their interview process with any candidates. Further the whole process can take up to several months. If I would have known that I would be doing this undesired job for more than just a couple of weeks, I would have sought to get a job that I desired. If I quit can I continue to collect unemployment from my last job?

I am terribly sorry to hear that you are in this situation. It is completely unfair when an employer falsely represents the job they are offering, especially when it can put you into this kind of situation. Unfortunately, if you were to quit, the unemployment office would most likely deny you benefits. The only justification for quitting a job in a situation like this would be if the change in job was something that you could not physically do, or that you are not qualified for, or if certain terms of the job were not what you were promised such as the wages, the hours, or the commute. If you can show that the new terms of this job could fall under one of these categories, then you may be able to receive benefits. If not, then you will have a very difficult time doing this. If that is the case, then your only remaining option would be to start applying for other jobs as soon as possible in hopes of getting something better.

I realize that the law is not entirely in your favor here and I am truly sorry to have to deliver bad news. Nonetheless, I trust that you will appreciate an accurate explanation of the law and realize that it would be unprofessional of me and unfair to you to provide you with anything less.

Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, I would be most grateful if you would remember to provide my service a positive rating, as this is the only way I will receive credit for assisting you.

Brandon, Esq. and 2 other California Employment Law Specialists are ready to help you