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  1. #1
    Join Date
    Jan 2014
    Posts
    8

    Default Employer Stated that I Resigned After I Declined an International Transfer

    My question involves unemployment benefits for the state of: California

    Hi,
    I have applied for unemployment benefits in september 2013. I got benefits for around 2months and then they stopped and requested for telephone interview. The reason being:

    I came from India to work in california through a service company. I worked for 2+ years here in california. now they are asking me to back to India because there is no appropriate work for me here. I have a work permit to work here, but still they asked me to go back. since I'm married and i live here with my husband, i had to quit my job. (I'm assuming they would have fired me if i did not resign).
    Now while applying unemployment benefits, I mentioned the reason for leaving as 'Laid off/Lack of work' (since they told lack of work). Now my company told unemployment benefits folks that I resigned voluntarily . Don't know why they should say that.
    I have the telephone interview with unemployment benefits folks regarding this confusion. So how do I proceed now?

    Any inputs are highly appreciated.

    Thank you!!

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Telephone Interview About Benefits

    Answer all questions put to you truthfully. What more do you think there is to do?

  3. #3
    Join Date
    Jan 2014
    Posts
    8

    Default Re: Telephone Interview About Benefits

    thank you for the reply.
    They said I can present witnesses. Will it really help?
    Should I justify that the reason for leaving is 'Lack of work'? or should i say the reason should have been 'voluntary quit'?

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Telephone Interview About Benefits

    Please clarify. Are you remaining in CA, or returning to India?

  5. #5
    Join Date
    Jan 2014
    Posts
    8

    Default Re: Telephone Interview About Benefits

    I'm remaining in CA

  6. #6
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Telephone Interview About Benefits

    Then you're on very shaky ground with voluntary quit. CA is one of the few states that has a "trailing spouse" law, so if you'd quit to follow your husband to India you might be okay. But it's very hard to justify unemployment on the basis of a voluntary quit in any state.

    If you did resign voluntarily, there's no reason for your employer not to say that.

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