Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Had a quick question, Im in a situation in where I feel like…

Customer Question
Had a quick question...

Had a quick question, Im in a situation in where I feel like I need to quit my current job based on many factors that I have brought up that have been a violation of the current code of conduct at work In the case that I do quit am i eligible for payment on the pto i have accrued

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

And if i quit may i be eligble for unemployment

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Full time salary and in california

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

No i dont think so

Submitted: 7 months ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 3 minutes by:
11/12/2017
Employment Lawyer: Patrick, Esq., Lawyer replied 7 months ago
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,237
Experience: Significant experience in all areas of employment law.
Verified

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

California law treats PTO as a form of vested benefit, which means that an employers ALWAYS has to pay for accrued but unused PTO upon separation of employment, regardless of whether the employee is terminated or resigns.

I hope this answers 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....

Ask Your Own Employment Law Question
Employment Lawyer: Patrick, Esq., Lawyer replied 7 months ago

Was there anything else I can do for you?

Ask Your Own Employment Law Question
Employment Lawyer: Patrick, Esq., Lawyer replied 7 months ago

Are you still with me?

Ask Your Own Employment Law Question
Customer reply replied 7 months ago
I currently work in as supervisor for clinical diagnostic laboratory in CA, I have brought up a few points that may have rubbed the upper management the wrong way. The code of conduct states that a married couple can not work on the same project, as in my case this couple is highly involved in a working/ personal partnership which has been causing animosity among the personnel I supervise. Other people have asked why these two work together on projects being that this causes an issue but nothing really is remedied. Ive mention this to my direct supervisor and mentions the issue to his manager but avoids the confrontation in addressing the question. I've received emails in regard to the two working together described as nepotism and carreer advancement, Ive also mentioned to higher ups and HR that Im getting pressure from top and bottom ends due to this relationship, however they still work on the same project and I feel that now im being excluded from meetings that would directly impact my ability to perform my job correctly. The overall atmosphere in this lab is very millennial minded and is highly noted among others that by bringing up these issues impacts the relationship you have in your career with the company. Basically, if you part of the social group your assisted if your not involved in the off the clock social atmosphere your outcast. Also we are in the middle of a merger.... the dynamics of the lab are very strange right now.... although upper management says they will provdie solutions for the issues i bring up.... it doesnt change, they seem to exclude me from meetings in where thew two work together but still manages to impact my work either way. The pressure I feel is impacting my health.... and I feel as if I need to quit. If I quit based on this reasoning would i be eligible for unemployment?
Customer reply replied 7 months ago
Not only that the support I receive from higher management regarding anything is minimal. Asking question as simple as requesting a review from directors is pretty nonexistant, the are never found in person and no one wants to answer emails/ questions etc, as if they fear answering wrong amongst their peers. Its strange? In a clincial diagnostic setting I can see, being the scapegoat for anything that goes wrong.
Employment Lawyer: Patrick, Esq., Lawyer replied 7 months ago

Thank you. In all honestly, this would probably not quality for you unemployment benefits. What you are describing are certainly difficult job circumstances, but many jobs are difficult and stressful and if this alone were sufficient to collect unemployment benefits, an enormous number of people would quit their job to collect benefits and the system would collapse on itself. Generally you need to be terminated to collect unemployment. The only exception is if you are deemed to have resigned under circumstances in which no reasonable person could have remained employed. This is a very high standard that most likely goes beyond what you have described. Certainly, you could try to argue that your circumstances meet this standard, but you would face an enormous risk of being denied benefits and then having no way to support yourself. So, I really would not quit until you have another job lined up, unless you are okay with the possibility of being denied benefits.

Please understand I could lie to you for the sake of giving you better news here. I could tell you that your chances of getting approved for unemployment benefits were great. But I respect my customers too much to do that. I want to be honest with you because that is what you are here for. I trust you'll appreciate my candor.

Again, please feel free to let me know if you have any further concerns. If I have answered your question, I would be very grateful for a positive rating of my service (using the stars at the top of the page) so that I may receive credit for assisting you.

Ask Your Own Employment Law Question
Employment Lawyer: Patrick, Esq., Lawyer replied 7 months ago

Was I able to answer your questions, or can I clarify anything else before we wrap up?

Ask Your Own 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 an 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: Employment Law
Satisfied Customers: 14,237
14,237 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:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

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

< Previous | Next >

Meet the Experts:

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

13,334 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,490 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,478 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

4,029 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,893 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Employment Law Questions
I have been denied my unemployment benefits and have a
I have been denied my unemployment benefits and have a appeals hearing today at 2:30 can you help me … read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
I have been denied unemployment benefits after wrongful
I have been denied unemployment benefits after wrongful termination. I submitted an appeal but the original determination was affirmed. My former employer is an extremely small office (just her and I … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have a case where the state provided unemployment benefits
I have a case where the state provided unemployment benefits for 6 months, then after asked for the money back. They are now trying to garnish my wages. Is this something that can be fought? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I just got off. How do I file for unemployment benefits.? I
I just got laid off. How do I file for unemployment benefits.? … read more
KLAW
KLAW
Juris Doctorate
2,190 satisfied customers
Can I collect unemployment benefits if I quit a job due to
Can I collect unemployment benefits if I quit a job due to being forced to work 17 hrs a day? HR told me no more than 10 to 12 hours if needed. I can not have a work/life balance. I work and live in G… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
12,171 satisfied customers
I am currently receiving unemployment benefits from NJ. I
I am currently receiving unemployment benefits from NJ. I was just informed that I am at Tier 4. When Tier 4 has been exhausted, I would have received 79 weeks of unemployment benefits. I was told I c… read more
legaleagle
legaleagle
Attorney
Doctoral Degree
7,047 satisfied customers
I recently collected unemployment benefits and now after a
I recently collected unemployment benefits and now after a few payments I have received a notice that the temp agency I was hired through is claiming they shouldn't have to pay for these benefits sinc… read more
Patrick, Esq.
Patrick, Esq.
Lawyer
14,237 satisfied customers
I have question about unemployment benefits. I have not. I
I have not. I am currently employed and wanted to know what my eligibility would be if I decided to leave. I believe I have just cause for leaving. … read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
I need help filing an appeal for unemployment benefits, I
Hello I need help filing an appeal for unemployment benefits, I was denied by IDES and I have until April 15th to file for an appeal. … read more
Pheobe Clark
Pheobe Clark
Attorney
JD
144 satisfied customers
I have applied for unemployment benefits after being off.
I have applied for unemployment benefits after being laid off. The data says I am eligible, but for 3 months now I haven't seen a penny … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have a question about unemployment benefits. Would like to
I have a question about unemployment benefits. Would like to know if I'm having babysitting issues and was fired for this issues could I still draw unemployment … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
I am the Claimant seeking Unemployment benefits from my
I am the Claimant seeking Unemployment benefits from my previous employer.I have filed an appeal of the Hearing Officer's decision to deny issuing those benefits to me. His decision was mostly based o… read more
socrateaser
socrateaser
1,031 satisfied customers
Regarding unemployment benefits i was denied for 9 weeks and
regarding unemployment benefits i was denied for 9 weeks and i appealed the 9 weeks had a hearing the other side claim they gave me three write ups but when asked they couldn't provide the exact dates… read more
Ely
Ely
Counselor at Law
Juris Doctor
266 satisfied customers
I have a question about unemployment benefits and EEOC
i have a question about unemployment benefits and EEOC procedures … read more
Patrick, Esq.
Patrick, Esq.
Lawyer
14,237 satisfied customers
I was denied an appeal for unemployment benefits as I
I was denied an appeal for unemployment benefits as I misread the letter they sent to me. I didn't notify them the day before the set telephone conference so they denied me benefits. I want to appeal … read more
Michael Bradley
Michael Bradley
JD
1,430 satisfied customers
Regarding: unemployment benefits As a manager, I was told
Regarding: unemployment benefitsAs a manager, I was told privately that my responsibilities were a failure, having role functions halted, re-assigned to others, and team re-assigned to other departmen… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I need assistance on unemployment benefit qualifications. I
I need assistance on unemployment benefit qualifications. … read more
John
John
Employment Lawyer
Doctoral Degree
4,029 satisfied customers
I am the employer with an unemployment benefit claim against
I am the employer with an unemployment benefit claim against me from my ex employee that is also my step daughter. She had really been slacking on her job and not completing assignments given and givi… read more
Ray
Ray
Lawyer
Doctoral Degree
33,031 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