Question:

In California, can you collect unemployment benefits if you quit your job?

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Or is it only for those who get fired/laid off from their job?

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  1. In no state can you collect if you quit, if you could everyone would be quitting for the free money


  2. There is one way you can quit and still collect unemployment benefits.  That is if you can prove constructive discharge.  In other words, you would have to prove that they deliberately made the work or the work environment intentionally unpleasant so that you would quit.

    If you quit for no good reason, there is no way you'll receive unemployment benefits.  

  3. Yes you can get unemployment if you quit, but you need to have all your ducks in a row. It would take me forever to find all the paperwork, so I am going off memory. Basically, you don't have to work at a job that is so dreadful it makes you physically or mentally "ill". I don't have the exact quote, but you get my drift. There would be hearings and you will not get it right away if you get it at all. You do not need any medical certification for this. His situation was extreme and his boss lied at the hearing and said that he fired my boyfriend. That was pretty stupid because his resignation email was time stamped. You do not have to legally give any notice other than to say "I quit" if you are an hourly employee. If you are salary, a contract is implied and legally you do need to give notice.

  4. In most cases, you can collect even if you quit.  

    The EDD will send a letter to your former boss asking if he is contesting unemployment.  In most cases, the bosses are too busy or lazy to fill out the form and mail it back in.  In other cases, they have no idea what the law is and ignore it.

    Even if your employer contests it, you have a chance to have a hearing.  California leans toward the employee in nearly every case.  I've seen some pretty wacky cases where I thought there was no way the employee would win and they still did.  

    Sometimes, it also depends on why you quit your job.  If you were being illegally discriminated against or harassed, they purposely made conditions so bad for you that you had no choice but to quit, or they told you to quit or be fired, you will likely get your benefits.

  5. Yes. You can get it if you have a good enough reason for quitting. Like if something illegal is going on. Such as no pay, poor health or safety conditions, or sexual harassment.

  6. Nope..........everyone would do it...........

  7. no, not unless you got fired and have proof that youre looking for a new job. or if youre not physically able to work...

  8. If you can Im movin there

  9. Only for those who get fired

  10. it's for those laid off/fired. you can try and apply but it's typically very difficult and takes months for them to even review your case.

    edit. my hubby was laid off a few years ago and they did have a question asking if you were fired so technically you can try but odds are you won't get it.

  11. Normally no, not if you quit.

  12. in most states its only those who are laid off or fired...i think it's  federal thing.

  13. to qualify it is a matter of why you lost your job........................

    it does not matter if you quit, are fired or get laid-off, all that matters is the reason why the employment action happened.

    it is more difficult to qualify if you quit because you have to prove that your quitting was the only reasonable option that is was due to a "just cause". when you are fired the employer must just show "cause" for the termination(to deny your benefits). the key to when you quit is "what a reasonable person would do" under the same set of circumstances.

    California Unemployment Code

    1256.  An individual is disqualified for unemployment compensation benefits if the director finds that he or she left his or her most recent work voluntarily without "good cause" or that he or she has been discharged for misconduct connected with his or her most recent work.

       An individual is presumed to have been discharged for reasons other than misconduct in connection with his or her work and not to have voluntarily left his or her work without good cause unless his or her employer has given written notice to the contrary to the department as provided in Section 1327, setting forth facts sufficient to overcome the presumption.

    http://www.leginfo.ca.gov/cgi-bin/displa...

  14. under certain circumstances, you can get unemployment benefits if you quit, however, it has to be specific reasons-go online to the California Labor Development office, they will give you the scoop...good luck.

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