Job Abandonment

[Stevenell]

California.

Can I collect unemployment for job abandonment?

[cbg]

That's a question only your state unemployment office can answer.

[PattyPA]

Agree with cbg, but here comes MY inner cynic.

Why would you possibly think you could? Is there something more to this story?

[Stevenell]

Yes; there's more to it; they want me to resign. Why resign when I can collect 99 weeks of unemployment.

I don't want to collect 99 weeks, but a month or two should be enough to get me back on my feet.

That's a question only your state unemployment office can answer.

I was hoping you guys would know; calling the local state unemployment office is worse than calling the DMV.

That, and I may need an answer Saturday; when they are closed.

[PattyPA]

If it's "resign or be fired", that's normally the same as being fired, for unemployment purposes. But if you just don't show up for work, you almost certainly won't get unemployment. If you show up, at least you have a chance.

[Scott67]

Unless they are giving you something to make it worthwhile to resign, I would recommend that you do not do that. Let them fire you if they wish. As Patty says, "resign or fired" is normally the same, but if the employer lies about it, you may not be able to prove that. Why take that chance? Don't count on more than 26 weeks of unemployment. That would put you into 2011. Anything more than 26 weeks would depend on what the status of any extension would be at that time.

[Stevenell]

Well, it's only a 15 hour a week part time job in which I do unskilled labor.

They're refusing to give me a Leave of Absence based on "Business Needs", which I find to be untrue as they have 17 "On-Calls" that are cross-trained in my job and replacing me with someone for the months I am gone at minimum wage would actually save them money as I still make my Supervisor pay.

I'm not going let a part-time job at a place in which I have no real future at dictate my life so I'll be leaving the country in a few weeks for a few months.

They offered to hire me back when I come back for Christmas help, but I'm sure they're going to offer me $8 (minimum wage in CA), plus maybe an extra dollar and hour because, you know, I have experience and they may not be able to keep me after Christmas.

[Stevenell]

So I did call the Unemployment office; I got an automessage about stuff I didn't need to know before they hung up on me.

I then tried to email them, but their, "Email" link sent me to a place to Apply for Unemployment; I have to literally apply for unemployment before they will even talk to me.

[Scott67]

Of course. Why are you surprised about that? They don't employ staff to answer "what if" questions. It is not in the job description for EDD employees to provide advice to people contemplating quitting their jobs. You become unemployed, you file, they decide. To qualify for unemployment, you need to be unemployed though no fault of your own.

Without knowing your earnings for the qualifying base period, we can not tell you if you will qualify financially or not, but working only 15 hours a week at unskilled labor, you are not going to qualify for much.

It seems like you might be mentally fighting your employer and EDD thinking you can push both of them to do what you think is right. It doesn't work that way.

I recommend that you do not resign. If you are fired, file for unemployment.

Unemployment benefits are for unemployed people who are actively looking for work. They are not for people who want a little supplementary income while preparing to travel out of the country for a couple of months.

[Stevenell]

Thanks for all your advice; I ended up resigning.

Unemployment was a solution, but not a long-term one and there were doubts if I'd qualify. I finally got through and spoke with a human being.

I'd rather keep the reference and I can get rehired if I want to (but I don't plan on going back). Though, one of my cynical employees said, "As long as she isn't lying"...

It's better than I find a way to live without depending on money from the government no matter how much the people in my company are bitches. And if any of their names cross my desk in any future job I hold, they're history. I'm not hiring them or keeping them...

One-hundred USD a week would have been sweet to where I'm going as they live off of two-hundred USD a month. But, honestly, I'd rather look for work.

Even when I come back in three months, I don't have a lot of bills to worry about as I plan to live with grand-relatives and as long as I'm not a lazy bum, I shouldn't have to worry about money.