Will I qualify for unemployment if I quit due to the stress of learning a whole new trade?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Will I qualify for unemployment if I quit due to the stress of learning a whole new trade?

I have pretty much always worked in some kind of physical labor that requires me moving around and staying active. I have now recently decided to venture into another completely different career path, from moving around and being physically active to office work. I’ve been stressing out over the fact that I’m being ‘trained’ and it seems to not be sticking. that combined with the fact I’m sitting all day is only letting me know that I made a mistake. I’ve been looking for another job in my prior trade and haven’t gotten any calls. I’m wanting to quit because the stress is causing me issues at home with my family as I bring all that home with me. I catch myself being a different person. I am under probation and training for about a year and they are limiting the time off I can take to 24 hours within 6 months of starting and 48 hours within a year. If I quit can, would I qualify for unemployment to hold me over until I do get find something in my trade?

Asked on October 4, 2019 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, unfortunately stress is not a valid reason to quit your job and get unemployment benefits; if it was, pretty much everyone would quit and get unemployment, since most of us (self included) find work stressful. Employment in this country is "employment at will." That means there is no right to a job. That in turn means, among other things, that a job can be immensely stressful, since the legal theory is that if you don't like a job, you find another one. The employer does not owe you an unstressful job, and so if you quit due to stress, that is taken as a voluntary decision to do so on your part--and a voluntary separation from employment does not entitle you to unemployment benefits. So if you quit due to stress, you will not receive any unemployment.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption