Legal Question in Employment Law in California

Can I collect unemployment, if i quit a company who is breaking the law?


Asked on 10/08/09, 1:08 pm

3 Answers from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

If a condition of your employment is to break the law and you refuse to do so, then I think you have grounds to show you quit for good cause. As with all cases, your position is only as good as the evidence you have to support it.

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Answered on 10/08/09, 2:11 pm
Raymond Chandler Law Office of Raymond Chandler

You should follow the employee handbook regrding reporting such problems. If there is no handbook, follow whatever procedures the company has. You should also report the violation of law to your superior in writing, and request that the violation be stopped. If your superior is the one violating the law, also send a copy to his/her superior and to HR. Then make sure to document in writing all discussions with your superiors. (Be sure to include names, dates and details on all records). If the employer refuses to change its policy, or retaliates against you in any way, by having good written records you will be in a better position to prove to the EDD that you made an effort to bring the violation to the attention of the employer and nothing was done; in other words, that you had "good cause" for quiting.

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Answered on 10/08/09, 3:31 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

You may recieve lost wages, and pain and suffering due to your constructive termination. Contact me directly.

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Answered on 10/08/09, 7:56 pm


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