Employer not contesting unemployment in CA, but still need to speak to the UI office

Hello,

I was previously employed for 5 years with a company. Last year, I was transferred into a division that I had previously requested not to be transferred into. The reason I requested not to be transferred was numerous friends within the division had made me aware of the difficult environment and the horrendous relationship they had with the manager. Ultimately, I was unable to refuse the transfer and accepted it versus resigning.

Upon entering the division I was given a supervisor that continuously told me he just wanted to get out of the division. He made very little effort to train me. Despite the fact, I pressed to add value with whatever way I could and received an above average rating for my review along with a large performance bonus.

After my review, I started discussing my lack of training from my supervisor with his manager on monthly meetings. She agreed that he had problems delegating, but never made any changes that I was aware of.

During this time I also became a part of a large project away from the core business of the division. I performed well in this project, getting congratulatory emails from our division lead and a global head on my work however, I was starting to have more and more hostile interactions with my supervisor’s manager. I made my supervisor aware of this and his response was “as long as she is focusing her attitude on you and not me I am fine with this”. At this point I started to reach out to senior members of the division concerning my interactions with my supervisor’s boss and eventually I spoke with HR and the head of the department. In all cases nothing happened.

Additionally at this time I was starting to have medical issues. I began to see a psychologist about my work environment and its effect on my mental and physical health. I was suffering from anxiety, inability to sleep, chronic coughing from stress and general depression. My doctor told me that in his opinion my current work environment was not good for my health.

I then approached the head of
my division and HR and told them that my current situation was no longer working out and that I would be open to any other opportunities within the company including, transferring domestically or internationally, taking a leave of absence, transfer to another part of the company or resigning on the grounds that the company would not contest the unemployment claim. Ultimately the head of the division stated that there were no other opportunities that they could move me to and that the company was willing to accept my resignation and not contest my unemployment when the state approached them.

My question is, given the state (CA) makes the determination on unemployment, what do I need to be prepared to speak to when I talk with the state’s UI office. I quit my position to protect my health and had given my employer many options to protect my employment. They have put in writing that they are not going to contest and UI claim and I want to make sure that I am able to receive unemployment.

Thanks

Hi,

Thank you for the very detailed account.

But I must ask if you have yet referenced the CA Benefit Determination Guide. It contains discussion for the adjudication process which are a valuable self-help resource.

Clearly, since the employer will not be protesting, the only barrier to benefits would be if you are unable to present information, both documentary and verbal, which supports an award of benefits on the merits of your voluntary quit.

Since you have stated that your quit was for medical reasons, you now have a topic to explore.

I can add that unless a health condition involves a disability that renders you unable to work at all which you make you eligible for CA temporary disability unemployment payments, the determination is usually based upon the efforts you made to remain employed which would shift the burden back to the employer.

It sounds like you did that, but I do have one point I would like clarified.

Did you make the employer aware of your doctor's recommendation?

Was FMLA offered?

For further discussion, I am available for a consultation.

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