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  1. #1
    Join Date
    Jan 2014
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    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
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    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.

  7. #7
    Join Date
    Jan 2014
    Posts
    8

    Default Re: Telephone Interview About Benefits

    I quit to stay here in california with my husband. Am I not a trailing spouse here? please clarify.
    And had I not quit, I would have been laid off.

  8. #8
    Join Date
    Mar 2012
    Posts
    1,360

    Default Re: Telephone Interview About Benefits

    If you didn't voluntarily quit, then don't say you did or you'll be in a world of hurt. I think you're English skills aren't the best so tell me if I have this right.

    You work for a company. The company has locations in both India and CA. The employer said, "we have no more work for you in CA. We want you to go back to India and keep working for us."

    Do I have that right?

    If so, you are not required after being let go to move to India. It can be a quit or a discharge. You'll have a much easier time if you were discharged, and you probably would have been discharged if you hadn't quit. Now, it all comes down to proof. If you submitted a letter of resignation, the burden is on you. You'll have to prove that your only alternative was to quit or move to India. I sure hope you have something to back that claim up, or that your employer admits to it, and that you put it in your letter of resignation.

    You'll also have to deal with a "false statement" penalty. People do win this issue, but I've only seen it done when it is laid off/discharged. In your case, there's probably going to be a letter of resignation, and with that out there, it's going to be pretty tough to convince anyone that you truly believed you were laid off.

  9. #9
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Telephone Interview About Benefits

    However, 'I would have been fired if I hadn't quit' is an argument that does not fly in CA. And I have personally seen claims declined on that basis.

    You are not a trailing spouse unless you had to move to stay with him.

  10. #10
    Join Date
    Jan 2014
    Posts
    8

    Default Re: Telephone Interview About Benefits

    "You work for a company. The company has locations in both India and CA. The employer said, "we have no more work for you in CA. We want you to go back to India and keep working for us."
    Yes, that is correct.

    And yes, I did submit a letter of resignation (online filing in my company and I don't have a copy ) and I did mention the reason behind quitting in it.
    I can present my manager as a witness to my situation. She is the one who told me to go back to India or quit here.
    What are my chances now? Won't trailing spouse law apply to me?

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