California Employment Law

Have California employment law questions? Ask a lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I just got back from an extended leave due to job stress.

Customer Question
This is my second day...
I just got back from an extended leave due to job stress. This is my second day back and I just received a poor performance review where I was told I made any more mistakes I would be terminated. The performance issues were all before my leave and many of the performance issues are related to my chronic depression. Can I collect unemployment if they fire me due to performance issues? Can I collect unemployment if I quit for medical reasons if my doctor advises that working there is detrimental to my health? Is chronic depression considered a disability?
Submitted: 2 years ago.Category: California Employment Law
Show More
Show Less
Ask Your Own California Employment Law Question
Answered in 36 minutes by:
2/22/2016
California Employment Lawyer: Patrick, Esq., Lawyer replied 2 years ago
Patrick, Esq.
Category: California Employment Law
Satisfied Customers: 14,240
Experience: Significant experience in all areas of employment law.
Verified

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

If you are terminated for poor performance, you will be eligible for benefits unless your employer can argue that you intentionally failed to improve your performance or were intentionally making mistakes. That would be incredibly hard to prove, and the argument is rarely accepted by the EDD.

If you quit, that poses two problems. First, quitting will disqualify you from benefits unless you can prove that no person reasonably desirous of remaining employed would have done so under the circumstances. That is very, very difficult to prove. The second problem is that if you are quitting because of a medical problem, the EDD may disqualify you on the ground that you are physically unable to work a new job. So, you would need to walk the fine line of arguing that you are physically unable to do this one job but not disabled from performing other work.

In general, one should never quit in anticipation of collecting unemployment benefits. It's possible to get approved by the odds are stacked against you. The far better course of action is to start looking for new work now and only quit once you've secured another offer. Unemployment will never pay you as much as your job, so this is the more financially practical option. Also, studies have shown that it is easier to find a job when you are already employed. It has something to do with employers wanting to hire people who are perceived to be "in demand."

So, if it were me in this situation, I would start looking for another job right now. If you are fired before you find other employment, at least you know you'll be eligible for benefits. If you are not fired, you will be able to seamlessly transition to the new, hopefully much better job.

I hope that you find this information helpful. 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 be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

Ask Your Own California Employment Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a california employment lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Patrick, Esq. Your Own Question
Patrick, Esq.
Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 14,240
14,240 Satisfied Customers
Experience: Significant experience in all areas of employment law.

Patrick, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

LawTalk

LawTalk

Attorney

1,285 satisfied customers

I have 30 years of experience in the practice of law, including employment law and discrimination law.

Brandon, Esq.

Brandon, Esq.

Lawyer

348 satisfied customers

Has received a certificate of recognition from the California State Senate for his outstanding legal service.

melissamesq

melissamesq

Attorney

47 satisfied customers

Represent clients to maximum recovery in employment cases.

legalg

legalg

Other

58 satisfied customers

General Practitioner. Research Attorney

Roy Hadavi

Roy Hadavi

15 satisfied customers

Attorney at Law Offices of Rosenstein & Associates

Attorney2020

Attorney2020

Lawyer.

69 satisfied customers

I have significant experience in employment law.

Legal Counsel

Legal Counsel

Lawyer

32 satisfied customers

California Licensed Attorney- 29 years- Wages, Hours, Overtime, Discrimination, Wrongful Termination.

< Previous | Next >

Related California Employment Law Questions
I have a question what happens if you receive SDI payments
I have a question what happens if you receive SDI payments from the state and you've been working around $8000 … read more
Ray
Ray
Lawyer
Doctoral Degree
33,059 satisfied customers
I work for Kaiser Permanente which is a large Health Care
I work for Kaiser Permanente which is a large Health Care organization. As part of my benefits, I have 120 hours of sick leave a year. Sick leave begins on your anniversary date of benefited employmen… read more
Eric Y., Esq.
Eric Y., Esq.
Law/J.D.
320 satisfied customers
I have a question concerning labor code 132a. It was
It was discussed with my manager and my father who is a lawyer … read more
Eric Y., Esq.
Eric Y., Esq.
Law/J.D.
320 satisfied customers
I have a person that wants to work for me; but I don't want
I have a person that wants to work for me; but I don't want her on a payroll. Until she's worked at this type of job for a few months.Is there a way I can employ her? If so how do I do it?… read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,476 satisfied customers
I worked for the City of Del Mar for 28 years and was with
I worked for the City of Del Mar for 28 years and was with the CalPERS retirement system throughout that time and for an additional 6+years while working for two State of California agencies. I retire… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
12,279 satisfied customers
Second opinion please. I need someone with knowledge of the
Second opinion please. I need someone with knowledge of the California Public Employees' Retirement System (CalPERS). Husband had chosen 2/3 benefit to survivor with 10 years guaranteed period for wid… read more
Robert L
Robert L
Juris Doctor
87 satisfied customers
My boyfriend works for a door company where he lifts doors
my boyfriend works for a door company where he lifts doors and moves them throughout his entire work shift which is a full 8 hours. he is lifting 100+ lbs at a time. he was injured on June 1st at work… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,878 satisfied customers
I was sexually harassed by a coworker and after I filed a
Hi Pearl, I was sexually harassed by a coworker and after I filed a complaint and it was addressed, they moved that coworker into my office. Then my employer filed a probation report against me and cl… read more
Thelawman2
Thelawman2
Doctoral Degree
1,430 satisfied customers
Help us my sister went formedical dissability last May 2016
Please help us my sister went formedical dissability last May 2016 and it was appoved every 3 or 6 month we send the extention. she passaway last October 2017. We notify HR about. … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,878 satisfied customers
Was called into office regarding questioning while on family
Was called into office regarding questioning while on family medical leave then placed on suspension. What can I do legally? If fired since I was on medical leave .… read more
Patrick, Esq.
Patrick, Esq.
Lawyer
14,240 satisfied customers
I just had a complaint against me that was filed with the
I just had a complaint against me that was filed with the DFEH with drawn. This was from a former tenant who claimed racial discrimination. All his allegations against me are false. I am assuming the … read more
Patrick, Esq.
Patrick, Esq.
Lawyer
14,240 satisfied customers
My ex wife has a small claim to a portion of my pension. We
My ex wife has a small claim to a portion of my pension. We did our divorce papers ourselves ten years ago, and apparently didn't do it right. CalStrs says that she needs to obtain a QDRO in order to … read more
Robert L
Robert L
Juris Doctor
87 satisfied customers
I offer 15 days PTO per year, earned each payroll, semi
I offer 15 days PTO per year, earned each payroll, semi monthly. All of my employees are salary based. And one of them takes a lot of times off. According to him, he said when he's salaried, if he com… read more
Patrick, Esq.
Patrick, Esq.
Lawyer
14,240 satisfied customers
My Job Description increased but my title changed from
My Job Description increased but my title changed from "System Program Manager" to Senior Project Manager" . I Used to get an annual COLA raise every year. I was just told that my position this year d… read more
Patrick, Esq.
Patrick, Esq.
Lawyer
14,240 satisfied customers
I'd like to have clarification regarding the California
I'd like to have clarification regarding the California Labor Code in relation to the Meal Break Policy in California.I realize an employee can not work for more than 5 hours without getting a 30-minu… read more
Thelawman2
Thelawman2
Doctoral Degree
1,430 satisfied customers
I am a general contractor. A subcontractor did some work for
I am a general contractor. A subcontractor did some work for me in 2015. … read more
legalg
legalg
Other
Juris Doctorate
58 satisfied customers
I believe I am being defrauded by former employer Bank of
I believe I am being defrauded by former employer Bank of America with my pension … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,878 satisfied customers
I have an employee that is exempt and has lots of medical
I have an employee that is exempt and has lots of medical issues regarding his daughter. Our company only has 21 employees in CA the rest of the employees are out-of-state. The problem we are having i… read more
legalg
legalg
Other
Juris Doctorate
58 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x