Appealing denial of voluntary quit in California

by Kristy
(California)

I recently applied for unemployment and was denied. I had put voluntary quit, because I wasn't sure what to put. I worked for a company for 10 years. Always getting good reviews. New management came in and restructured our department. A few months prior, they let alot of people go with severence packages.With my job, it was basically eliminated, my core responsiblitles were no longer needed. And with this I also got a pay cut. They said because of the changes they would offer a severence package. I felt that I was being pushed out and did not have a choice. I have talked to alot of people and they say I should of said laid off. The HR department said they would not deny me unemployment. But I am not sure what they would put for reason for leaving. I think they would put voluntary quit.

If I try to appeal the decision, do I have any chances of winning? Any suggestions of what I should focus on?

Kristy, Califorina




Hi Kristy,

Well, I am going to disagree with a lot of people and tell you that you correctly answered if you put "voluntary quit" on the unemployment application .. otherwise when you get the hearing notice it would probably also include a "misrepresentation of material fact" issue in addition to the usual "quit with or without good cause issue".

Employer's don't deny unemployment benefits .. the state does. The employer didn't need to do a thing .. you did it all.

You accepted a severance and you quit.

The employer probably responded: "The claimant voluntarily quit. Continuing work was available" or they told the state that you refused the "suitable" continuing work offered.

So, in order to win, you need to prove why the other job they offered you was not suitable work to you as defined by California.

You'll find that in the benefit determination guide linked to on this site's page about California unemployment benefits.

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Dec 17, 2009
Appealing and reapplying
by: Anonymous

So if you are denied, can you reapply at a later date if you still have not found work? and if so, do you state the same info and say that you are having financial hardship?


Hi,

Unemployment benefits have nothing to do with financial hardship .. they are not an entitlement.

If you are denied unemployment for voluntarily quitting you must return to work and purge the VQ disqualification to requalify.

in California that is to earn 5 times your weekly benefit amount in subsequent employment and the merits of the separation from that employment must also be qualifying.

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