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.

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1 Lawyer Answer

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.

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