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I resigned believing I had another job but nothing was official. I asked to rescind my resignation but was 'denied' that option. Can I collect UI? I am now unemployed due to my company's actions.

by Eric
(California)

I resigned believing I had another job but nothing was official. I asked to rescind my resignation but was 'denied' that option. Can I collect UI? I am now unemployed due to my company's actions.






You should find your answer in the California unemployment guide.

As you will see, the details can and do matter when you quit one job for another, but it doesn't work out.

Clearly, the person that resigns from a job to accept new work becomes the moving party and has the burden of proof.

So yes, asking and employer to allow you to rescind your resignation is a needed element to shift some of the burden back to the employer .. but I would say that the amount of time you allowed to pass between the resignation and your request to rescind it .. is central to whether the end of your job will be attributed to you .. or the employer.

Additionally, you resigned without an "offer of work" (nothing was official) that alone makes me think the ground you stand on is mushy.

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