My boss is asking me to commit insurance fraud. If I resign because of this would I qualify for unemployment benefits?

Business 8 views 6 answers
I was asked to change dates of hire for new hires so that they qualify for health insurance sooner and skip the 60 day waiting period. I am unwilling to do this and feel uncomfortable working here. If I resign would I qualify for unemployment? I need advice.

Attorney Answers

6
Michael Raymond DaymudeLitigation LawyerSherman Oaks, CA ·
You should have a consultation with an employment law attorney, first, before you do anything. Use the "Find a Lawyer" function here on . Many, if not most, offer no obligation, no charge initial consultations. Good luck.
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Jonathan Weinman ·
I agree with my colleague. Consult with an employment attorney first because the EDD has specific requirements relating to benefits for individuals who voluntarily quit.
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Craig Trent ByrnesWrongful Termination LawyerManhattan Beach, CA ·
Strongly consider *not resigining* because of this. I understand that your employer is requiring you to do something illegal. Simply refuse to do it, and continue to do your job. If you are fired because you refused to take an illegal act, not only would you likely collect unemployment benefits, but you would have a case of illegal termination. On the other hand, if you resign, not only would your case be much harder to prove, but it would also make it harder to get unemployment. Resigning gives your employer every advantage, and none for you. Your employer may of course manufacture a reason for terminating you. Keep a log book with you, and document everything that your employer does or says regarding your performance from here on. Take that log book home with you at the end of the day. Remember that it could become evidence later, so do not put anything in there other than notes about work. Many people think that being terminated from a prior job makes it more difficult to find a new one. That could be true, and if that is a concern for you, weigh that issue in light of what I've said here. Of course, it could also make it more difficult to find another job if you tell employers you resigned because of the illegal acts of your previous employer. If you choose not to resign and to keep working there, it's probably a good idea to start looking for another job right away. It's always easier to get a job when you have a job. Of course, don't use your employer's computer or other assets during your job search. They will find out, and take action against you for that reason. I hope this information is helpful to you. Sincerely, Craig T. Byrnes www.ctblawfirm.com 310-706-4177
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Lesly Adams ·
Refuse to engage in the fraudulent conduct, which, if it leads to your termination, apply for unemployment and consult an attorney! Good Luck!
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Navid Yadegar ·
In California, if your employer fires you or demotes you because you refuse to engage in illegal activity, you may bring a claim for retaliation and you would qualify for unemployment. I would highly recommend that you contact an employment law attorney in order to weigh your legal options in this matter.
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