If I quit my job will I be able to get unemployment benefits???

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I am really thinking about quitting my job soon. I have three children and have exhausted all my savings and paychecks on child care. If I continue with my job I will have no money for anything if I am paying almost $1600 a month in childcare. I have tried to get help from subsidized child care programs, and asked family and friends for help. unfortunatly they will not be willing to do it for free. or even for a small amount of money. I am at my wits end. will this be good cause to get benefits since I have no money to pay for childcare, and I now have to watch my kids since I can no longer afford the amount?

Attorney Answers

2
Frank Chen ·
Not likely, based upon your description of your situation. In California, in order to be eligible for unemployment insurance (UI) benefits, you need to have been unemployed through no fault of your own. When an individual files a claim for UI benefits, the EDD documents the reason the individual is no longer working, and includes it in the Notice of Claim Filed, DE 1101CZ, which is mailed to the last employer. The employer may also provide written information about the reason the individual is no longer working when responding to this notice. If the individual quit, the EDD will conduct a telephone interview with the individual and the employer approximately two weeks after the claim is filed to determine whether or not the individual is eligible for UI benefits, according to state law and regulations. California law provides that an individual who quits his/her job may be eligible for UI benefits provided there was "good cause" for leaving employment, and the individual made all reasonable attempts to keep their job (e.g., request of leave of absence or transfer). Once all reasonable alternatives to leaving have been attempted, good cause may include situations such as leaving work due to unsafe working conditions, leaving work based on a medical doctor's advice, or leaving work to protect oneself or one's child from domestic violence. The EDD staff will determine on a case-by-case basis, whether the facts presented for the quit are "good cause" according to state law. Of course, the individual must also meet all other eligibility requirements before UI benefits can be paid. The EDD’s law and policy guidelines regarding "Voluntary Quits" are available on the EDD Web site at: http://www.edd.ca.gov/UIBDG/Voluntary_Quit_-_Table_of_Contents.htm
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Michael Kirschbaum ·
It is always risky when you quit your job because the EDD's burden of establishing good cause for quitting is very high. But is can be done if the circumstances justify it. Here is what the EDD's Benefits Determination Guide says, in part: "Arranging child care is an integral part of the arrangements a claimant having small children who need care, must make, in order to work. Thus, before good cause may be found it must be shown that the claimant was left with no practical alternative to quitting. If there is no practical alternative, the necessity of providing child care is considered to be compelling. Under normal circumstances arranging care with neighbors, relatives, friends, a nursery school, or day care service are considered practical alternatives to quitting. Therefore, faced with loss of existing child care, a claimant would generally be expected to explore all of these alternatives prior to quitting. Where the loss of existing child care is only temporary, a claimant would logically be expected to cope with child care arrangements that might be less than satisfactory on a permanent basis. For example, the cost may be higher, distance from home, or work farther, etc. " To learn more, go to the Benefit Determine Guide page at http://www.edd.ca.gov/UIBDG/Voluntary_Quit_VQ_155.htm#Care%20of%20Children%20or%20Home . After you read this, then you should decide if you think your personal situation will pass muster with the EDD.
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