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CA Unemployment Benefits Eligibility

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drewe

Junior Member
State: California

On January 13 2009, my employer gave me notice that my services were no longer necessary. As a result of California state budget cuts, many of the organization’s clients have had to reduce costs and scale back on projects. My employer indicated to me that this decision was not a reflection of my skills or services, but of the current difficult economic climate. After 2 years and 9 months of employment with this organization- management decided February 13 2009 as my last day of employment.

During the meeting with management held January 13 2009, my employer gave me one of three options:
  1. The organization discharges me immediately.
  2. I immediately resign, and a severance package would be offer.
  3. I continue working for an additional 30 days, and voluntarily resign on February 13 2009.

My employer gave a couple of days to make a decision. I verbally agreed to take the 30 days and resign February 13 2008.

Questions:
  • Am I entitled to CA unemployment benefits?
  • Since my employer initiated the chain of events is it the 'moving party'?
  • Does I agreeing to voluntarily resign, change the moving party status to me?
  • By verbally agreeing to 30-day option, am I legally bound to formally resign?
  • Must a formal voluntary resignation be written with my signature?
  • When applying for CA unemployment benefits, do I select "laid-off" or "Voluntary Resignation"?
  • If I do not formally resign, do I select "laid-off" when applying for benefits?
  • If I formally resign in writing, and continue working up until the agreed February 13 date, would I loose my benefits eligibility?

Any advice is greatly appreciated. Thank You
 


fairisfair

Senior Member
State: California

On January 13 2009, my employer gave me notice that my services were no longer necessary. As a result of California state budget cuts, many of the organization’s clients have had to reduce costs and scale back on projects. My employer indicated to me that this decision was not a reflection of my skills or services, but of the current difficult economic climate. After 2 years and 9 months of employment with this organization- management decided February 13 2009 as my last day of employment.

During the meeting with management held January 13 2009, my employer gave me one of three options:
  1. The organization discharges me immediately.
  2. I immediately resign, and a severance package would be offer.
  3. I continue working for an additional 30 days, and voluntarily resign on February 13 2009.

My employer gave a couple of days to make a decision. I verbally agreed to take the 30 days and resign February 13 2008.

Questions:
  • Am I entitled to CA unemployment benefits?
  • Since my employer initiated the chain of events is it the 'moving party'?
  • Does I agreeing to voluntarily resign, change the moving party status to me?
  • By verbally agreeing to 30-day option, am I legally bound to formally resign?
  • Must a formal voluntary resignation be written with my signature?
  • When applying for CA unemployment benefits, do I select "laid-off" or "Voluntary Resignation"?
  • If I do not formally resign, do I select "laid-off" when applying for benefits?
  • If I formally resign in writing, and continue working up until the agreed February 13 date, would I loose my benefits eligibility?

Any advice is greatly appreciated. Thank You

unemployment benefits are decided by the state unemployment agency. There is no way for anyone, except them, to hazard a guess as to your eligibility.

I will say that, given the limited details you have outlined, a decision to resign, whether now, or in 30 days, would make it highly unlikely that you would be found eligible to receive benefits.
 

ecmst12

Senior Member
A "resign or be fired" offer is usually interpreted as an "involuntary termination" by the unemployment office.

I actually think that taking the 30 days of additional (paid) work will make him MORE likely to be approved, rather then being fired/laid off a month ago.
 
Last edited:

fairisfair

Senior Member
A "resign or be fired" offer is usually interpreted as an "involuntary termination" by the unemployment office.
I disagree.... especially when accompanied with severance pay or other compensations, as I am willing to be that monies will be accompanied by a requirement to sign a document stating that the resignation is voluntary.

Unless you have intentionally disregarded the best interests of your employer in some provable way, I say let them fire you.

Again, merely personal opinion, as I am NOT with the California Unemployment service.
 

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