Am Ieligable for unemployment benefits if I ended a 7 months contract1 month early?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Am Ieligable for unemployment benefits if I ended a 7 months contract1 month early?

I am employed though a temp agency to work on a client site for 7 months. The agency pays me salary on W2. Due to stress, I ended my contract 1 month sooner voluntarily. Does this mean I forfeit my right to collect unemployment, even the contract is going to end anyway? The agency did mail me EDD brochure 2 weeks after I left the job to notify me my rights. I applied but got denied. Now my appeal hearing is 2 weeks away.I wonder if I should even bother going through the hearing? If it’s a definitive no, I will cancel the meeting and not waste anyone’s time.

Asked on June 10, 2011 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Unfortunately, whether or not the contract would have ended shortly anyway, in this case, you voluntarily ended your employment when it did end. Unemployment is not available when someone chooses to leave his or her job, even if the job would have terminated in the future. (If the job is going to end soon, you're expected to stick it out until the end.) Similarly, even if you leave for what you believe is a very good reason--for example, stress--that does not justify, for unemployment purposes, voluntarily leaving your job. (If it did, almost *everyone* would leave their job at some to collect unemployment because of stress!) So in this case, while if doesn't cost you anything, there's probably no reason to not appeal, the rules are very much against you.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption