The company I was working for eliminated my position, (in CA) but offered me a different position, I did not take. am I eligible for unemployment?

Get Legal Help Today

 Secured with SHA-256 Encryption

The company I was working for eliminated my position, (in CA) but offered me a different position, I did not take. am I eligible for unemployment?

Am I disqualified to receive unemployment benefits because I did not take the position that offered significantly less pay and was a position that was completely different than the previous position and I felt I was not qualified for?

Asked on May 24, 2009 under Employment Labor Law, California

Answers:

N. K., Member, Iowa and Illinois Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

California law provides that an individual who quits his/her job may be eligible for unemployment benefits provided there was “good cause” for leaving employment, and the individual made all reasonable attempts to keep their job (e.g., request of leave of absence or transfer).

The Employment Development Department (EDD) staff will determine on a case-by-case basis whether the facts presented for the quit are “good cause” according to state law.

If you didn't quit (instead fired), then there will be different standards for determining whether you qualify for benefits.

Be sure and read the EDD's "Benefit Determination Guide" for various work situations at: http://www.edd.ca.gov/UIBDG/. The guide will give you a better idea of what the policies are and how decisions are made regarding whether you qualify for unemployment benefits or not.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption