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My name is***** want to find out about my

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Hi, My name is***** want to...
Hi,
My name is***** want to find out about my situation at work. I was hired as a Operations Manager where I have been with this company for six months now. I was just recently informed that I need to spend 65% of my time out on the production floor and the other 35% at my desk. Also, I was told that I need to help in production and I need to operate a forklift truck. When I took this job this was never mentioned to me otherwise I would not have left my last job where I spent 90% of my time at my desk and the rest out on the production floor. I have been given 30 days to start doing this immediately.
My question is: If I resign and give the reason that I can not do manual/physical labor as I am 55 years old and not in physical shape to perform this kind of work, would I qualify for unemployment benefits if I resign for this reason?
Submitted: 2 years ago.Category: Employment Law
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Answered in 2 minutes by:
6/30/2015
Employment Lawyer: Barrister, Lawyer replied 2 years ago
Barrister
Barrister, Lawyer
Category: Employment Law
Satisfied Customers: 41,654
Experience: 17 years practicing attorney
Verified
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
.
.
Can you tell me what state this is in?
.
Are you under any written employment contract for a set term that specifies your job duties under the contract?
.
Are you part of a union?
.
.
thanks
Barrister
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Customer reply replied 2 years ago
State is California. No written agreement. Not part of a union.
Employment Lawyer: Barrister, Lawyer replied 2 years ago
Ok, since this is in CA, I will have to opt out in favor of a CA Employment law expert.
.
No need to reply and another expert should be along shortly to help..
.
.
thanks
Barrister
Ask Your Own Employment Law Question
Customer reply replied 2 years ago
Okay, I will await a response shortly
Employment Lawyer: Phillips Esq., Attorney-at-Law replied 2 years ago
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Employment Law
Satisfied Customers: 21,713
Experience: B.A.; M.B.A.; J.D.
Verified
Hello: This isCustomer I am a licensed Attorney and I will be assisting you today.
Hi,
My name is***** want to find out about my situation at work. I was hired as a Operations Manager where I have been with this company for six months now. I was just recently informed that I need to spend 65% of my time out on the production floor and the other 35% at my desk. Also, I was told that I need to help in production and I need to operate a forklift truck. When I took this job this was never mentioned to me otherwise I would not have left my last job where I spent 90% of my time at my desk and the rest out on the production floor. I have been given 30 days to start doing this immediately.
My question is: If I resign and give the reason that I can not do manual/physical labor as I am 55 years old and not in physical shape to perform this kind of work, would I qualify for unemployment benefits if I resign for this reason?

Response: You may qualify for unemployment benefits if you resign under the circumstances that you described here. Your situation may qualify under "Good Cause" as defined in California Insurance Code Title 22, Section 1256-3(b) since operating a forklift was not part of your job description when you were hired and the risk of injury may be high because of your age and physical shape. However, no one can guarantee your eligibility for unemployment benefits UNTIL you have applied for benefits and your application has been reviewed.
For more information on unemployment eligibility requirements, click on the links below:
http://www.edd.ca.gov/UIBDG/Voluntary_Quit_VQ_5.htm#GoodCause
http://www.edd.ca.gov/UIBDG/Voluntary_Quit_VQ_235.htm#UndueRiskofIllnessorInjury
http://www.edd.ca.gov/UIBDG/Voluntary_Quit_-_Table_of_Contents.htm
http://www.edd.ca.gov/Unemployment/Eligibility.htm
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Phillips Esq.
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Employment Law
Satisfied Customers: 21,713
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Experience: B.A.; M.B.A.; J.D.

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