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I am on unemployment insurance and thought I found a good…

Customer Question
I am on unemployment...

I am on unemployment insurance and thought I found a good job but it turned out to be a very uncomfortable place to be. I only showed up 3 days before I could see it wasnt going to work out. I am now back looking again. Will I lose my UI benefits because of this?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

California

Lawyer's Assistant: Has anything been filed or reported?

No, but I think they will. they had me fill out a bunch of forms the first day. I havent received a check either but I think I will.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Oh, I didnt stay there because I felt very uncomfortable working with a fellow employee that seemed to have an issue with me.

Submitted: 1 year ago.Category: Employment Law
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Answered in 1 minute by:
7/10/2017
Employment Lawyer: Patrick, Esq., Lawyer replied 1 year ago
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,534
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.

When you say it was "very uncomfortable" what exactly do you mean? Were you sexual harassed, for instance? What led to your resignation? I very much look forward to helping you on this matter.

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Customer reply replied 1 year ago
I was hired to be an estimator. They didnt seem to have work for me the first day so they had me work in the warehouse. I didnt mind too much but the owners son was also working back there. He didnt say anything to me the first day but the second day he was givng me the silent treatment and talking to the other worker about me behind my back. He also kicked a metal cabinet the was about 5 feet from where I was working in a rather abrupt way. So it wasnt that he really did anything except make me feel uncomfortable. Not a good opportunity for me.
Customer reply replied 1 year ago
I just left a job like that and I cant go through it again.
Employment Lawyer: Patrick, Esq., Lawyer replied 1 year ago

Thank you.

I must be honest in my answer to your question. Generally speaking, unemployment benefits are only available if you are unemployed through no fault of your own. Quitting a job that is less than ideal will generally result in the denial of further benefits because if you quit, your unemployment is now voluntarily imposed. The only way to overcome this is by establishing that no reasonable person genuinely desirous of remaining employed would have done so under the circumstances. This is a very high standard that would require something more than merely being uncomfortable. Things like sexual harassment, life threatening conditions, or nonpayment of wages generally rise to that level.

So, you will have to argue that the circumstances of this employment rose to that level and being completely honest it will be a difficult argument to successfully make. I trust you will appreciate my candor in honestly answering your question.

If I can clarify anything at all for you, please do not hesitate to ask. It is my pleasure to assist you further if necessary....

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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.

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