2006-12-27 05:23:21 · 6 answers · asked by Serendipity III 2 in Business & Finance ➔ Careers & Employment
According to their website, it would have to be for "just cause" and you would have to prove that. (in the case of quitting the onus is on the person trying to collect unemployment to prove they had just cause; rather than being fired the onus being on the employer to prove they had good reason)
"Reason an individual is unemployed
The reason an individual is out of work can affect his/her eligibility for benefits. A person who is laid off is out of work through no fault of his/her own. A person who quits work or is fired from work will be scheduled to a telephone interview because there is a separation issue that must be resolved. The Department interviewer obtains and documents information about the separation from the employer and claimant and decides, according to law and regulations, if the person is eligible to collect benefits. The Department mails a notice to the claimant who is not eligible for benefits. The Department mails a notice to the employer who responded timely to the notice of claim filed. The notice advises the employer about whether the claimant is eligible or not, and whether the employer's account will be charged for benefits paid to the former employee. Either party can disagree with an unfavorable decision and file an appeal. "
"The Telephone Interview
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Department staff call employers as well as claimants to resolve eligibility issues. Usually, we contact an employer and the former employee to obtain information about the reasons the individual quit or was fired from work. In the case of a discharge, it is the employer's responsibility to prove that the former employee was fired for misconduct connected with work. In the case of a quit, the individual must show that he/she had good reason for quitting a job."
2006-12-27 05:48:19 · answer #1 · answered by Cariad 5 · 0⤊ 0⤋
depends...when I was a manager, there were some employees who quit for no obscene reason and filed for unemployment...of course one form goes to HR or the manager..and I will admit...I went ahead and denied this person of EDD benefits w/the real reasons why this person left..usually if you quit your job...EDD wants a doctor's notes, that is why the only legitimate form of unemployment that I usually come across are for maternity leaves. PLUS....these EDD people that call for phone interviews, they're not pleasant people, sometimes I feel like they woke up on the wrong side of the bed
2006-12-27 07:01:44 · answer #2 · answered by girl6250 2 · 0⤊ 0⤋
Technically - no unless they quit because conditions were intolerable due to harrassment, safety, etc.
However, I have seen many employees who quit file for unemployment saying they were fired, and almost always, the unemployment dept sided with the former employee. This was in California.
2006-12-27 05:27:57 · answer #3 · answered by Uncle Pennybags 7 · 0⤊ 0⤋
It all depends on your reason(s) for quitting. If there was something like sexual harassment going on, then that's a perfectly legitimate reason for leaving.
And FYI, you don't automatically get unemployment if you're fired either. For example, if you're fired for insubordination, then you will not collect unemployment.
2006-12-27 09:46:40 · answer #4 · answered by msoexpert 6 · 0⤊ 0⤋
No, I believe you have to be "let go" or fired to collect.
2006-12-27 05:25:55 · answer #5 · answered by spitfin 3 · 0⤊ 0⤋
only if you quit due to a hostile work environment (harassment of some sort) otherwise, No.
2006-12-27 05:26:35 · answer #6 · answered by ms.chic 3 · 0⤊ 0⤋