Quitting and Getting UI

[LotsOfNoodles]

California

I am owned and paid by Company A (another state) who contracts me out to Company B (California). So I am a subcontractor. I work on location at Company B. My manager at Company B says my position is moving to the East Coast. Both Company A and B will not pay for relocation.

I also feel and have pointed out to Company A that I am possibly being neglected on correct overtime pay as required by labor laws.

If I quit because I refuse to relocate and/or quit because I feel that I am being paid unfairly, would I be eligible for unemployment since I feel these are situations outside of my control.

Bonus Question:
California UI says if you file a claim and state that you quit, they will initiate a phone call between your company and you. If I do not have a phone am I allowed to correspond via mail or e-mail.

Thanks,
noodles

[jk]

how are you a subcontractor? If you are an employee of A, you are simply an employee of A. A might contract to B but that does not make you a subcontractor, unless of course you are an independent contractor contracted to A.

so, before this goes any further, are you employed by A or are you contracted to A?

and did you ever figure out if you are exempt or not? That is important for part of your question.

[LotsOfNoodles]

Sorry I should have been more specific. I will edit my original question.

I am an employee of A (w-2), who contracts me to B, who contracts my work to C. I report to B. To C I am a subcontractor. B has informed me that my position might be moving to the East coast office.

As for exempt/non-exempt, they asked for a description of my job duties. They said I was exempt under the Professional Exemption and since I make at least $45.84/hour I am also exempt. Though when I google "45.84 exempt" nothing of use comes of it. So I asked them to cite their source.
Also told them that its not possible since I needed a License from California to be a Professional Exempt. So they said they would get back to me in a week. That is where that stands.

Hmm the EDIT button doesn't appear for my original post. Maybe because I wrote it from another computer?

thx again

[jk]

If you believe you are not exempt, file a wage claim form with the DLSE. The worst that is going to happen is they are going to determine you are exempt and not due overtime. I know California has some OT laws that are more stringent than the rest of the country so there may be some allowance for OT for your position in there I am not aware of.

I am going to accept they are correct on the exempt status. As such, you are not getting shafted concerning the OT so quitting because of that will just be bad for you.

As to the relocation: If your job leaves you, you are not required to go across the country to keep the job. When your job leaves or they fire you, file for UI.

[PattyPA]

Before you go running off to the DLSE, check the response I just posted to your other thread (I wish you had included this question in that thread, since that is where the exempt/nonexempt discussion is).

In any case, the first thing the EDD will ask you to qualify for benefits is "what did you do to resolve the situation?". You don't have a good answer UNLESS the DLSE determines that you are, in fact, eligible for overtime pay and the employer still refuses to pay it to you.

Your recourse is to file the claim, not quit.