What are reasons to quit your job and still maintain your eligibility to collect unemployment compensation?

UPDATED: Oct 2, 2022

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What are reasons to quit your job and still maintain your eligibility to collect unemployment compensation?

I need to resign from my job for 4 main reasons. I need to know if these are valid and what I need to do to ensure I win. My mother is ill. She has bipolar disorder and recently has stopped taking her medicine. I need to be close to home for emergencies and so that I can work a schedule around her doctor appoints. I am still able to work but I can’t work 1.5 hours away. I spend 12 hours away from the house everyday and if something were to happen. I’d have no way of getting back to the house to help. My company is committing fraud and theft. We re-work our returns and sell them to our online vendor for full price. We never disclose these are reworks and it is assumed they are new units. This is deceptive and an act of fraud. The owner does this with his second business that he has us work at as well. However, this time we are just a U.S. distributor and we don’t own or pay for the returns we have. Yet, we still sell the returns as if they are new and never disclose this information or pay the owner a margin of the sale. I’ve reported the company to the FTC and I keep trying to ask if what we are doing is legal. They never respond to me. I’m not comfortable working here, however because these people don’t put this stuff in writing its my word versus their’s. My job duties have changed too much. I started off as a customer service rep where I would answer phones, ship replacement parts, and answer emails. I would occasional assist the VP of Sales or the VP of Operations on tasks. Now my job has gone from that to. Managing vendor and EDI setup, Item Agreements, working with factories in China, logistics, sales. At one point, they had me cold calling and much more on top of the original work load. I’ve seen a dollar increase in pay but so much more work has been added since then. I’m paid $14/hr for all of this and more. Any guidance or help would be greatly appreciated. The company I work for has 4 employees now as the VP of Operations isn’t actually an employee he is paid by the owners other company. The owner also has us work for his other LLC that he has based in the same office location.

Asked on September 19, 2019 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Unfortunately, none of the reasons you describe would let you quit while getting unemployment. Your mother's health or needs have nothing to do with your job; reasons from your personal life do not entitle you to unemployment. The company's seeming wrongdoing (potential frud against it's customers) does not entitle you to unemployment, because employee discomfort with business parctices is not legal grounds to get unemployment. (If it was, almost everyone working for a bank or pharmaceutical or media company could quit and get unemployment. The employer is legally allowed to change your duties and increase your workload, and is not required to compensate your fairly; therefore, those issues also do not entitle you to unemployment.

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.

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