November 30, 2022

Volume XII, Number 334

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November 29, 2022

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November 28, 2022

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Employee Who Left Work To Care For Ill Relative Did Not Quit Her Employment And Was Eligible For Unemployment Benefits

Johar v. CUIAB, 2022 WL 4139848 (Cal. Ct. App. 2022)

Reena Johar, a home improvement sales person, left work to care for a terminally ill relative, but after just one week, the employer “decided she had quit” and gave her no new sales appointments.  Although Johar told the Employment Development Department that she lost her job due to a “temporary layoff,” the employer claimed that Johar’s failure to provide a return date or otherwise communicate with her supervisor while she was away amounted to a “voluntary quit,” thus making her ineligible for unemployment benefits.  The Court of Appeal held that Johar was eligible for unemployment benefits because she left her job in “emergency circumstances with the employer’s approval,” and the employer had not overcome the presumption that she had not voluntarily quit by providing evidence that Johar “positively repudiated her obligation to return in clear terms.”

© 2022 Proskauer Rose LLP. National Law Review, Volume XII, Number 283
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About this Author

Anthony J Oncidi, Employment Attorney, Proskauer Rose Law Firm
Partner

Anthony J. Oncidi heads the Labor & Employment Law Group in the Los Angeles office. Tony represents employers and management in all aspects of labor relations and employment law, including litigation and preventive counseling, wage and hour matters, including class actions, wrongful termination, employee discipline, Title VII and the California Fair Employment and Housing Act, executive employment contract disputes, sexual harassment training and investigations, workplace violence, drug testing and privacy issues, Sarbanes-Oxley claims and employee raiding and trade secret protection....

310-284-5690
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