Alameda, CA asked in Employment Law for California

Q: Can I apply for UI benefits in CA if removed from position while on medical leave then took voluntary separation package

I went on an approved company medical leave of absence in 2019. I exhausted FMLA and 6 months into my leave I was removed from my position. I was told due to my continued time out of the office and the criticality of my role they would need to fill my position to meet the demands of the operation. I was approved for CA SDI Benefits, however recently exhausted those benefits. Due to COVID-19 and the state of the airline industry and Company, they've asked employees to consider taking a voluntary separation package. I applied and was approved. I was also returned by my doctor to full work with no restrictions, however there is no employer to return to at this time because of the separation. In regards to applying for UI benefits with the state of CA, would my situation be considered "voluntary quit" and would I have "good cause" to apply for benefits? The Company stated if the claim is not false, they will not appeal if state finds employee eligible for benefits.

Related Topics:
1 Lawyer Answer
Maurice Mandel II
Maurice Mandel II
Answered
  • Newport Beach, CA
  • Licensed in California

A: You can always APPLY for benefits, so long as you do not make any false statements on your application there should not be any negative for you. We cannot really predict what action the EDD is going to take with your application, but usually the worst that can happen is that you are denied, in which case you are no worse off than you are now. Just don't falsify anything, that is where the trouble happens.

Justia disclaimers below, incorporated herein.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.