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legalg
legalg, Other
Category: California Employment Law
Satisfied Customers: 10484
Experience:  General Practitioner. Research Attorney
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The reason Im not eligible is "you quit your last job with

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The reason Im not eligible is "you quit your last job with Albertson's but did not tell your employer why you were quitting". I called my employer and told the sup I was sick and had a doctors note for 2 weeks dismissal 5/26-6/16. He asked to provide the note and I said I would fax it to them as soon as I felt better. I received a letter on 6/5 asking the send in a doctors note - still not feeling well enough to drive to a fedex to fax until 6/15. Because the health problem would continue working at my current employment my union rep said I can retire and did not have to tell my supervisor. I retired and file for Unemployment since my retirement is not enough and Im not 62 for Social security. Should I appeal?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: calif
JA: Is the employment agreement "at will," union, full time or part time?
Customer: union part time
JA: Anything else you want the lawyer to know before I connect you?
Customer: no

Hi! A few minutes please as I review your question so I can provide you with legal information-thanks!

Normally one would need to tell their supervisor if they are terminating employment. Employment is at will, but either party can terminate in most circumstances (unless there is a contract for a set time).

Normally voluntary termination (quiting, retiring) disqualifies the employee for unemployment benefits, but they may be eligibile for social security disability.

Please see:

http://www.edd.ca.gov/File_and_Manage_a_Claim.htm

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Hello again; just checking in to see how things worked out;

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The above information is for educational purposes only. A consultation with a private attorney is recommended so they can apply the law to your specific facts, and suggest the best course of action. An attorney can be located here:
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Customer: replied 1 month ago.
the supervisor was informed of ending employment on the day before the doctor notice expired. The retirement was forced since after 3 years and when on unemployment for 2 years and obligated to obtain full time work, and continually asking for more hours and a full time position, the employer kept lowering my hours and only provided 24 hours/week, and hired outside the company for a full time position that I was qualified for. It cost me my take home pay to drive over 25 miles to work and back. Is that reasonable? Meaning a normal person would stay employed under those conditions?

I am sorry to hear that;

unfortunately if the employee voluntarily terminates the employment that usually disqualifies from benefits; however, when an employer reduces hours, that may make an employee eligible for partial benefits, so long as the employee is willing and able to work full time.

And those conditions, particularly the long drive, would be very discouraging.

Please see:

http://www.edd.ca.gov/unemployment/Partial_Claims.htm

Further questions? Please post here to continue the chat.

Satisfied? Kindly rate positively so I receive credit for assisting you. I hope that you feel I have earned

5 stars 🌟🌟🌟🌟🌟*****

as I strive to provide my customers with great service. ☺️

(no additional charges are incurred).

Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. The terms addressing this can be viewed here:

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Thank you and take care.

legalg and other California Employment Law Specialists are ready to help you