EL SEGUNDO, CA (October 6, 2011)—Chris Adishian, President of the Adishian Law Group in El Segundo, CA and an expert in employment law was recently quoted in an article appearing in Lawyers.com regarding a case where workers who quit were still eligible to receive unemployment benefits.
In most states, in order to be eligible for unemployment insurance, the employee must be fired for other than gross misconduct. Typically, employees who quit their job for a reason other than good cause created by the employer are ineligible for unemployment benefits. However, the article points out, in practically every state a worker who voluntarily quits for a good reason or good cause created by the employer, can get unemployment benefits. Good cause generally includes, intolerable or detrimental working conditions. To read the complete article “Workers ‘Forced’ To Quit Get Unemployment Benefits” please click the following link to see the October 6, 2011 post at Laywers.com: “Workers ‘Forced’ To Quit Get Unemployment Benefits.”
Says Adishian, “It’s similar to the test often used in constructive discharge cases. In California, the test for a constructive discharge is generally stated as whether a reasonable person in the employee’s shoes and faced with the alleged intolerable conditions would have felt compelled to resign. A constructive discharge is the legal equivalent to a termination or firing.” Explains Adishian, “Intolerable conditions may include instances when an employer creates false requirements in order for an employee to keep her job; or a supervisor continually yells and screams unfair and harsh criticism along with threats of termination; or an extended campaign intended to get an employee fired.” Adishian advises that the factors to be considered include demotion, salary reduction, reduction in job responsibilities, reassignment to menial work, reassignment to work under a more junior person, employer harassment and even offers of retirement or continued employment on less favorable terms.
For nearly a decade, Adishian Law Group has advised high earning professionals and Companies regarding the complex, and high stakes area of California employment law. Their services include negotiating and interpreting contracts as well as resolving disputes through mediation, arbitration and litigation.
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Adishian Law Group is a California law firm with a statewide practice in the areas of Corporate law, Employment law, Real Estate law and Mediation Services. Adishianlaw.com is one of the oldest continually operating law firm websites on the Internet. The firm serves its clientele via three offices located in the major business hubs of El Segundo, Palo Alto and San Francisco. As of March 2013, Adishian Law Group, P.C. has represented individual and corporate clients located across 20 California counties, 4 States outside of California and 9 foreign countries — in over 340 legal matters.
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