What reasons can you quit a job and still get unemployment in california

• Posted By Sirmabekian

• 2022

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Can you get unemployment if you quit your job in California? In short, you can, but the long answer depends on why you quit. Furthermore, the Employment Development Department (EDD) has some clearly defined criteria that you must meet in order to obtain unemployment benefits. Should your claim for unemployment be approved, you can receive up to $450 a week for 26 weeks while you seek new employment. However, things may be more complicated if you were fired for misconduct. We discuss more about unemployment in California here.

What is Unemployment?

The Unemployment Insurance program in California provides monetary compensation for workers who are unemployed or underemployed. You must file a claim and meet the requirements for unemployment before you can receive UI benefits. You must then continue to meet eligibility requirements weekly to continue to receive them.

Reasons to Collect Unemployment in California

The general requirement for unemployment that an individual must meet in California is that they have been out of work “through no fault of their own”. Most people collect unemployment because they have been:

• Laid off
• Fired (for not being able to perform their job or for not being a good fit at their company)

However, being fired for conduct might prevent you from receiving benefits. These 4 areas need to be met for misconduct to be determined

• You owed a material duty – tasks that need to be performed as part of your occupation – to your employer
• You substantially breached your duty
• The breach was a willful or wanton act – in other words, it was intentional
• The breach harmed the business interests of your employer

Collecting Unemployment after Quitting

Quitting your job usually means that you are ineligible to collect unemployment benefits. However, you may still collect these benefits if you are found to have a good cause for quitting. These include:

• Unsafe working conditions
• Discrimination
• Fraud

To receive benefits under the conditions outlined above, it needs to be shown that there was an effort made to correct the issues made. However, if you left a job because of domestic violence or health reasons, you would most likely be determined to have reasonable cause for quitting.

Qualifying for Employment

Here are the general criteria you need to meet to qualify. You:

• Are unemployed through no fault of your own
• Are able to work and seeking employment actively
• Meet certain thresholds for past earnings (based on a 12-month base period)

If you think you meet these conditions, file a claim by calling the EDD hotline or visiting their site. An interview will then be conducted with you and your ex-employer about 2 weeks after the claim has been filed. If your claim was denied, you will receive a Notice of Determination letting you know. You will then have 20 days to appeal the decision, which you are encouraged to do with the advice of a reputable attorney.

Employee Rights in California

California is an at-will employment state. This means that employers can terminate their employees at any time. This leads many workers to think that they have no rights, but this is not true. Knowing your rights means that you have the power to protect them, for you and your coworkers, so learn more about your rights as a California worker.

If you're a California worker who's been laid off due to the coronavirus pandemic or for any other reason, you might be eligible for unemployment benefits.

In California—as in every other state—employees who are temporarily out of work through no fault of their own may qualify to collect unemployment benefits. The eligibility rules, prior earnings requirements, benefit amounts, and other details vary from state to state, however.

Here are the basic rules for collecting unemployment compensation in California. In California, the agency that handles unemployment benefits is called the Employment Development Department (EDD).

Eligibility Requirements for California Unemployment Benefits

You must meet three eligibility requirements to collect unemployment benefits in California:

• Your past earnings must meet certain minimum thresholds.
• You must be unemployed through no fault of your own, as defined by California law.
• You must be able, available, and actively seeking work.

Do You Meet the Minimum Earnings Requirement?

Virtually all states look at your recent work history and earnings during a one-year base period to determine your eligibility for unemployment. In California, as in most states, the base period is usually the earliest four of the five complete calendar quarters before you filed your claim for benefits. For example, if you file your claim in July 2020, the base period would be from April 1, 2019, through March 31, 2020. However, if you didn't earn enough during the regular base period, the EDD will use the most recent four quarters as an alternate base period.

During the base period, you must have earned at least:

• $1,300 in your highest paid quarter, or
• $900 in your highest paid quarter and, during the entire base period, at least 1.25 times your high-quarter earnings.

Are You Out of Work Through No Fault of Your Own?

You must be out of work through no fault of your own to qualify for unemployment benefits.

Collecting Unemployment After a Layoff

If you are laid off, lose your job in a reduction-in-force (RIF), or get "downsized" for economic reasons, you will meet this requirement.

Collecting Unemployment After Being Fired

If you are fired because you lacked the skills to perform the job or simply weren't a good fit, you should be able to collect benefits. If you are fired for misconduct, however, you will not be eligible for unemployment benefits. In California, misconduct makes you ineligible for unemployment benefits only if all four of these statements are true:

• You owed a "material" duty to the employer. This means a duty that is properly part of the job (this can be, for example, showing up for work and performing your job duties).
• You substantially breached that duty (in other words, you didn't perform the duty). A minor or one-time transgression isn't enough to disqualify you from receiving benefits.
• Your breach of the duty showed a wanton or willful disregard for that duty. In other words, you weren't just careless or thoughtless but, instead, intentionally violated the duty or showed a reckless disregard for the consequences of your breach of the duty. Inefficiency, inability to perform the job, or good faith errors in judgment don't meet this standard and won't render you ineligible for unemployment benefits in California.
• Your breach of the duty must tend to harm the employer's business interests.

Collecting Unemployment After Quitting

If you quit your job, you won't be eligible for unemployment benefits unless you had a good reason for quitting, meaning that a reasonable person who truly wanted a job would have left under the same circumstances. If you had good cause related to your job (such as illegal discrimination, harassment, unsafe working conditions, or fraud by your employer), you will be eligible for unemployment benefits. In this situation, you must have taken reasonable steps to resolve the situation before quitting, which means you must have discussed the problem with your employer and allowed a reasonable amount of time for the employer to fix the situation before you left the job.

If you left the job for compelling family or health reasons—because you are facing domestic violence, need to relocate to follow your spouse, or need to care for a seriously ill family member, for example—you likely will be found to have good cause to quit, and you will be eligible for unemployment benefits.

Are You Available and Actively Searching for Work?

To maintain your eligibility for unemployment benefits, you must be able to work, available to accept a job, and looking for work. If you are offered a suitable position, you must accept it.

Normally, you must conduct a reasonable search for work, and certify (on your claim for benefits) that you have done so. You should keep records of the employers you have contacted, the dates you made contact, and the outcome. The EDD may ask you to provide this information.

Learn more about the general unemployment claims process, including tips on filling out the forms. If your claim is denied, you have the right to appeal that decision; learn how to appeal an unemployment denial in California.

What is good cause for quitting a job and collect unemployment California?

Can you get unemployment if you quit your job in California?

What disqualifies you from unemployment benefits in California?

How do you prove just cause for quitting?