Legal Question in Business Law in California

I worked and reside in CA and had a question regarding Unemployment Insurance. I worked as a store manager in retail. One day my district manager and loss prevention manager came into my store. I believe their visit to my store was due to the fact that we had two pretty bad inventories that were only about a month apart. I knew they were going to terminate me because I found promissory notes and other LP reports in our printer when I grabbed a planogram. I figured they were terminating me for the poor inventories. I was pretty upset. Not just at the fact that I was being terminated, but also at the fact that awhile back, when my assistant manager was secretly recording other associates without their knowledge (with his cell phone) human resources would not terminate him. He showed the footage to one of my other associates which clearly showed her posterior region when she bent over. She reported him to me, which I then reported to my district manager. Pretty much a blind eye was turned to the entire matter which showed me that this company tolerates sexual harassment. Which did not set well with me. Because of this matter, coupled with the fact that I was being terminated, I decided I was going to walk out. Which I did. No notice. I just walked. I later found out from the payroll department that my check was expressed to the regional office on the day I walked out which indicated to me that they did have every intention of terminating me on that day. I had to file for UI in order to apply for food stamps until I find another job. In your opinion, would you think that I had good reason to obtain UI Benefits?

Asked on 6/29/13, 11:56 am

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

While I admit I'm not an expert in this particular subject, my understanding is that if you are fired, you qualify, but if you quit, you don't qualify, for unemployment benefits. It's that simple. There are no exceptions (that I know of) for "I knew I was about to be fired." You needed to let it happen. I hasten to repeat that this is a kind of general understanding of a possibly complex subject, but I do think I'm probably right.

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Answered on 6/29/13, 4:33 pm

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