I live in CA. I was laid off in April 2009. Found a new job in July 2009. I want to quit my current job...

Question Details: I had been at my former job for 1.5 years and was laid off in April of this year and was receiving unemployment benefits. I found another job and started working on 7/3/09. This job is awful. My boss is rude and insulting. I work 8 hours w/a paid lunch (I am hourly and had not signed anything saying I wanted a paid lunch). Nor do I get my 2 required 15 minute breaks. The thing is, I just want to quit. IF I quit my current job, will I be eligible for unemployment benefits due to the quarters I worked for my last employer? Or would I be denied out right b/c I quit this job, where I've o

Asked 8/4/2009 under Employment and Labor | 137 View(s) | More Legal Topics

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Employment and Labor Law Answers

I'm not a California lawyer, but I suspect this is pretty simple.  If you quit, you can't collect unemployment.  If you do something wrong, you can be fired for cause -- and you can't collect unemployment.

Insisting on your lunch hour and your breaks, however, isn't doing anything wrong.  Your boss should know that he can't fire you for that, it would be illegal retaliation.  But he knows he can lay you off claiming business is bad, and he just might do that -- and then you can collect unemployment.

That's one possibility;  for reliable advice, about the best alternative for your unique situation, please have a local attorney review all of the facts.

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