Am I eligible for unemployment insurance?

This went on for about a week and a half. However, for the last 4-5 weeks my fellow techs and I had been feeling sick and didn’t know why. I was forced to call the gas company myself. The gas company told me that there was extremely high levels of carbon monoxide in the air which was leaking from the water heater whenever the hot water was in use. When I informed the owner, he didn’t tell us to evacuate, and he did ask us to remove the animals from the environment. I called out of work the next day, and the manager emailed and texted me starting that since the hot water had been turned off. However, the gas company informed us that there was no ventilation in the back, and therefore the place needed to be aired out and ventilation needed to be placed immediately. Ventilation was not done until mid week the following week. When I came to work on Monday, I found out that the owner and manager had not informed the employee working on Sunday of the leak. When I voiced concern to the manager about the fact that the employee was not informed, she yelled at me, told me to

Asked on March 8, 2017 under Employment Labor Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Since you resigned (no matter the reason), you voluntaruily left your job. This means that you are inelgible to qualify for unemployment benefits. You are only so eligible if you are terminated without cause.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

As you write, "I chose to resign on the spot due to the lack of concern for my health, as well as the abusive hostility from manager." Your decision to resign may be understandable, but it still means that you voluntarily separated from or ended your employment. That voluntary separation makes you ineligible for unemployment benefits--you only get them when you are involuntarily terminated, other than for cause. Had you let her terminate you, for example, you'd be eligible (or if she did not in fact terminate you, you'd still be employed). But having resigned, you rendered yourself not eligible for unemployment benefits.


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