Mission Viejo, CA asked in Employment Law for California

Q: I got fired yesterday, but it was over phone call.if they offer me the job back and I refuse is that considered quitting

I don’t have any confirmation of the firing except the phone call I received yesterday, nothing written. I know there’s different abilities I have for being fired over quitting, and I do want to apply for unemployment until I find a new job. The district manager asked to call me today and if she offers to rehire me I’m not sure I want to work with that manager, but I’m not certain how I would prove that I was fired and didn’t quit if they say otherwise.

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2 Lawyer Answers

A: I am sorry about this happening to you. I understand that losing a job can be a big blow.

The law does not require an employer to give written notice of termination. You are terminated as soon as the employer communicates to you that you are fired and that communication can be any way people communicate with one another - verbal, text, email etc.

To qualify for unemployment insurance benefits you have to avoid the two main disqualifiers: voluntary quit and misconduct.

If the reason for your termination is determined to be misconduct by you then you will not get benefits. Misconduct connotes some form of insubordination or intentional violation of the rules. If the reason for your termination is because of job performance, you would still qualify for UI benefits.

To get continuing benefits, you have to certify that you are ready, willing and able to take full time employment and that you are actively seeking such. If you turn down a retraction of the termination, it could be considered a voluntary quit or that you are not seeking full time employment.

Good luck to you.

Brad S Kane agrees with this answer

A: To eligible for unemployment benefits, you need to be ready, willing and able to work. If you turn down a job, it will disqualify you from unemployment unless you can meet a high burden to show the offered job was not suitable. For example, the offered job requires you to drive several hours further than your prior job. The fact the employer previously fired you is probably not a good enough reason by itself.

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