California Decision Clarifies Eligibility for Unemployment: Employment Law Manual Updated

Author: Michael C. Jacobson, XpertHR Legal Editor

A California court recently held that an employee remained eligible for unemployment benefits even though her employer claimed that she "constructively quit" her job by making unreasonable written demands for documents.

Specifically, the employee made demands, through her attorney, for documents including her job description, written goals and objectives for her position, her duties and compensation, and written confirmation that she would not experience any retaliation in the workplace upon her return from medical leave. Rather than comply with the demands, which the employer deemed "unreasonable," the employer chose to fire her.

The court held that employers should exhaust all reasonable alternatives to termination if they truly want to avoid triggering eligibility for unemployment compensation.

The Voluntary Terminations: California section of the Employment Law Manual has been updated to reflect the decision.