Help with an appeal of unemployment denial of benefits?

Question

My husband is an RN, he'd been growing more unhappy at the hospital where he worked. The dept was constantly out of compliance (too many patients per nurse---illegal) and he kept being assigned to a doctor with whom he did not get along. He and the dr had another disagreement and the next day, husband was told he was going to be terminated. He asked if he could have the option of quitting instead (thought that would look better on a resume), and they said yes. So he applied for unemployment and was denied! Wondering what to say in the appeal to change it? He'd requested numerous times to NOT work with this dr, on his section, as it was not his specialty and not what he was hired for. Oh--and the employer had filed him as "terminated" with EDD BEFORE they even TALKED to him! So then they refiled it as a resignation......

Has anyone got any advice? Or was he justly denied? He had a similar situation years ago, and got unemployment, so I'm confused.

Answer 1

You only qualify for unemployment if you are terminated with out cause.  If they had a reason to terminate him, then he would not qualify. His termination followed on the heels of another disagreement with the dr he was assigned to. This could constitute cause for his termination.

When he asked if he could resign instead - they accepted his resignation. You don't get unemployment when you quit. No matter the reason.

Each situation has to be evaluated on it's own merits. Maybe the prior employer did not fight the unemployment benefits.

This employer did fight the benefits. He can file an appeal and see what happens. But it seems to me this may be a bit of an uphill battle.

By all means appeal. The only thing an appeal costs you is time.  

Answer 2

Unemployment insurance is probably the most  straightforward insurance there is. you must be out of work through no fault of your own.

  If you quit, you are unemployed by your own design.

You can always appeal, but in this case, I see him getting nowhere.