I quit for health reasons and was denied unemployment in California

by Candi
(San Luis, Ca)

I quit my job for health reasons and was denied unemployment in California.


I had used up all leaves available to me during employment. After I quit for good cause I went on SDI, actually, during my FMLA and after resigning, I collected SDI. The reason I was denied was; "Didn't request light duty" and "Didn't request to be transferred to different dept.". Based upon research if an employee requested leave and/or other good faith efforts to keep position the resignation will be determined good cause. Is it pre-conceived that, if, an employee resigns, unemployment will be denied and must be won on appeal? (or hopefully won on appeal...)



Hi,

No, it's not pre-conceived or done with intent .. it's just the way it usually works because few people, aside from some HR professionals, have a clue as to how unemployment actually works.

Did you do those things mentioned in the determination? I'm a little confused because I can't tell at what point you did quit your job.

Quitting for health reason does not free a person from those required "efforts to preserve the employment".

In actuality, it is the efforts to preserve the job that shifts the burden back to the employer to respond reasonably to certain needs us pesty "human resources" tend to require help with and concessions from an employer to stay employed.

California does allow quitting for personal reasons if the reason itself can be proven to be compelling and NECESSITOUS.

That word .. necessitous, in fact means there was no other choice a "reasonable person" could make after exhausting all actions that might help a person .. as CA puts it desirous of staying employed.

My guess is that the employer protested with those very reasons that were used to deny your benefits.

It doesn't matter if you know the answer will be no to a request .. it is the request itself that you can use to substantiate an effort .. which in turns help you carry the burden assigned to the moving party and used to point the finger of blame at the employer for you no longer having a job.


I'm moving this to the questions about quitting .. because California or not and health reason or not.. this is very relevant to why people have a hard time collecting unemployment when they quit a job.

They do not exhaust all alternatives and try to save their jobs.

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