Newbury Park, CA asked in Employment Discrimination and Employment Law for California

Q: How can I get fired from my current job and still qualify for unemployment?

I have been applying for other jobs for months and have been unsuccessful landing any. I can’t handle another week at this current job and want out. I know if I quit I don’t qualify for unemployment to get me by until I do find a new job. The employer won’t lose any money if I don’t show up because it’s a helpdesk IT position and their are others there to field calls. Therefore, this won’t be gross misconduct that would disqualify me from unemployment right? Not sure what is the best way to approach this. I called HR to try and see if they would terminate me without reason and they never called back (I only gave a first name and said it was confidential). Should I just stop showing up? Someone help please!

2 Lawyer Answers
Neil Pedersen
Neil Pedersen
Answered
  • Employment Law Lawyer
  • Westminster, CA
  • Licensed in California

A: If you stop showing up for work, that will likely be considered misconduct that would disqualify you from benefits.

If you are terminated for simply not performing well you qualify for unemployment. However if the EDD finds that you intentionally underperformed to get fired, that could be misconduct. Be careful, especially now that you have informed HR that you want to be terminated.

Good luck to you.

Maurice Mandel II agrees with this answer

Louis George Fazzi
Louis George Fazzi
Answered
  • Employment Law Lawyer
  • Jess Ranch, CA
  • Licensed in California

A: I only want to make a clarification to what Mr. Pedersen has advised you. Misconduct by itself is not enough to disqualify you from receiving unemployment benefits. Only intentional misconduct will do that. Simple negligence is not enough.

Your problem is you want your cake and to eat it too. You are fortunate to have a job in our present circumstances, when so many are begging for jobs. But you think your employer should contribute to your unemployment compensation while you look for another job. You could always do what is right and honorable, that is keep your job and continue to put in a day's work for each day of pay, and continue looking for another job until you find one more agreeable, or you could contrive some means of getting yourself fired so you can apply for unemployment benefits. But with that comes the risk of a bad reference, which could affect your employability in future years. But at least you will go into the decision having considered the options. So I urge you to make the smart move.

Maurice Mandel II agrees with this answer

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