California Employment Law

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California Employment Law
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If I quit my job, because the work, and the way I was being treated, c

an I still get unemployment...
If I quit my job, because the work, and the way I was being treated, c an I still get unemployment, after I have been penalized for quiting from the start? We do pay into unemployment right? Please I need to know this ASAP, please
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Answered in 1 hour by:
10/27/2013
Brandon, Esq.
Category: California Employment Law
Satisfied Customers: 1,953
Experience: Has received a certificate of recognition from the California State Senate for his outstanding legal service.
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Brandon, Esq. :

Hello, my name is XXXXX XXXXX it will be my pleasure to assist you today. My goal is to provide you with excellent service. Are you online with me today?


 

Brandon, Esq. :

First, let me say that I am terribly sorry to hear that you are in this situation. Concerning your question as to whether or not you pay into unemployment, your employer is required to pay their quarterly unemployment insurance taxes by the quarterly due date, four (4) times each year. Accordingly, even though you personally do not pay into unemployment, you would be covered by unemployment if you are a W2 employee.

Brandon, Esq. :

Concerning your question about whether or not you can receive unemployment, things get a bit trickier.

Brandon, Esq. :

To receive unemployment, you must prove that you lost your job through no fault of your own. Under Section 8-1001 of the Labor and Employment Article, a claimant may be disqualified from receiving unemployment insurance benefits if he voluntarily quits his employment. However, in Allen v. CORE Target City Youth Program, 275 Md. 69, 338 A.2d 237 (1975) an exception to this rule was created.

Brandon, Esq. :

The exception states that you can still receive unemployment, as long as you can show that you voluntarily quit your job for something that would constitute "good cause"

Brandon, Esq. :

The case additionally states that if you quit for valid circumstances, even if it does not constitute good cause, a penalty consisting of a delay of payments for five to ten weeks will be imposed, however, you will still ultimately receive benefits.

Brandon, Esq. :

Generally speaking, if you were being harassed or discriminated against, this would constitute good cause.

Brandon, Esq. :

While there is no set definition as to what constitutes good cause or valid circumstances, here is a website which lists out numerous examples of what could constitute good cause.

Brandon, Esq. :

Finally, as long as it has not been over a year since you quit your job, you can, and should, file for unemployment.

Brandon, Esq. :

While your eligibility does not begin until the week you file your claim, you would still be eligible.

Brandon, Esq. :

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, please do not forget to provide my service with a positive rating, as this is the only way I will receive credit for assisting you.

Brandon, Esq. :

Have a wonderful rest of your day.

Brandon, Esq.
Category: California Employment Law
Satisfied Customers: 1,953
Experience: Has received a certificate of recognition from the California State Senate for his outstanding legal service.
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Category: California Employment Law
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Experience: Has received a certificate of recognition from the California State Senate for his outstanding legal service.

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