QUESTION
I resigned my position as I was not able to relocate - I was denied unemployment
Asked on Feb 23rd, 2016 on Labor and Employment - California
More details to this question:
My family and I live in California. When I accepted a job, the company intended to move the office from Denver to California. However, at the September 2015 Board Mtg. it was decided that moving the office was no longer viable. To fulfill my role as CEO, I would have to relocate my family. This was not an option due to family obligations. My wife, 3 kids and 86 yr old mother are settled in California. My wife has ongoing back issues for which she had surgery in 2015 and my ailing mother is a widow and lives on her own. Also, commuting from California to Denver every week was not viable due to costs and the need to be close to care for my wife, kids and mother. Working remotely was not viable as it was required that I physically be in the office. Therefore, I could no longer fulfill the role and thus made the decision resign. My replacement lives in Denver, confirming the need to have a local based CEO. I did “quit” and denied unemployment benefits. Can I get benefits?
1 ANSWER
Discrimination Attorney serving Westlake Village, CA
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Law Offices of Stephan Math
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I would have a question with respect to whether you had left a prior employment to take this posit9ion?
Further, I believe that if you appealed EDD's determination, assuming they made one, that you were disqualified from receiving benefits, you should appeal that decision and I believe that if you could demonstrate to the judge that the employment was misrepresented to you and when the true nature of the job was revealed which required you to move outside of the state became known you had no alternative due to familial circumstances but to resign. That all of these facts were outside of your control.
With respect to whether you left a prior employment, this issue may be important due to a labor code section in California which makes it unlawful for an employer to misrepresent the facts of a prospective employment in order to induce a prospective employee to move within or without the state.....don't know if your facts would come within the purview of that statute but its worth looking into.,
One other issue comes to mind. There may be a possible claim for negligent misrepresentation if in fact you could demonstrate that the employer knew or should have known that there was a possibility of a change in location of the job.
If you care to discuss further...smesq1@aol.com, Law Offices of Stephan Math
Answered on Feb 27th, 2016 at 11:22 AM