Quitting a job to avoid having a discharge on your resume and by the way, I attend school part time.

by TR
(Fullerton CA)

I'm a full time employee and I go to school part time. I recently became employed and was six days shy of completing my ninety day probation period before being hospitalized and out on short term disability. My doctor has not released me of work as of yet and doesn't want to release me until October the 22nd. However, my manager keeps calling me to ask when I will be released because the last training for a conversion we will be going through is on the 19th of October and she needs me to go to this or I will not be able to be on any of the systems. Technically, because I haven't completed my ninety day probationary period she can terminate me at will. I don't want that on my record so I was thinking of quitting but wanted to know if I have just cause for doing so. Also, because I am a student would I still be able to continue with school?



Hi TR,

You have few issues which I think I should address.

First, irregardless of whether you are a probationary employee or an employee who has completed the probation period .. you can be terminated at will. Quitting to avoid having a discharge on your employment recored is not good cause in and of itself.

Presently, with the information you provided, in my opinion, you do not have good cause to quit and definitely not for the reason you stated.

And please understand that whether the school becomes a factor in a determination for regular unemployment benefits is determined on whether the state thinks you are limiting your availability for suitable work.

While collecting unemployment, a job refusal, if based on a schedule not conforming to your school classes will stop benefits .. now. You must be willing to give up to school to take any "suitable job" that comes along.

Now, on the other hand .. the thing you are trying to avoid .. getting fired because you were unable to attend training while out of work on the orders of a doctor .. that is a discharge for "not misconduct". It is beyond your control and is a discharge without good cause.

There, not that complicated after all.

You of course may also access the wonderful CA benefit determination guide on Unemployment-tips.com's page about California Unemployment Benefits.

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