Fresno, CA asked in Employment Law for California

Q: Can I still collect unemployment if I quit my job?

I work at a small shop that is owned by a franchisee and he continues to put people at risk of COVID. Multiple coworkers have had family members test positive and he won't give them any answers when they ask about getting tested or if they should quarantine. While he does pay for us to have gloves and masks, there are zero protocols when it comes to COVID. A couple of days ago I started to come down with a couple of symptoms and messaged him to let him know and receive the next steps but again no response. I am starting to feel very unsafe with the lack of communication and guidance from my owner and would like to know if I could still collect unemployment if I quit due to this. Thank you

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2 Lawyer Answers

A: Your remedy is not quitting. Quitting may well cause you to be disqualified from unemployment insurance benefits. Your remedy is reporting the problem to OSHA who has promulgated regulations for workplace safety in this pandemic. If your employer is not compliant with the regulations it can be cited and forced to do things right.

Good luck to you.

A: Perhaps you should contact the EDD (good luck in that!) and ask them if your employer fails to provide you with a workplace safe from Covid, is that sufficient to qualify you to receive UI benefits if you quit from concern over your personal health/safety. The EDD website says: "If you quit your job, you must show that there was good cause for leaving, and that you made all reasonable attempts to keep your job (such as requested a leave of absence or transfer)." and that they will conduct phone interviews with you AND YOUR EMPLOYER to determine if you still qualify for benefits. If originally denied, you can still appeal and have a hearing before an Administrative Law Judge.

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