California court rules in favor of employee who left work to care for terminally ill parent

California court rules in favor of employee who left work to care for terminally ill parent

The department found the plaintiff ineligible for unemployment benefits. An administrative law judge and the California Unemployment Insurance Appeals Board approved the department’s decision. The plaintiff took the case to the superior court, which dismissed the case without deciding whether it had merit and remanded it for further administrative proceedings. The plaintiff appealed.

Read more: Inquiry into worker’s death finds no assurance of compensation

The California Court of Appeals for the First District overturned the trial court’s judgment. The Court of Appeal ordered the Court of First Instance to calculate the amount of benefits to which the plaintiff was entitled if the Ministry had not unfairly excluded her from receiving benefits under Article 1256 of the Insurance Code. -unemployment, plus prejudgment interest.

There is a presumption that an employee who left his job for a good cause did not resign voluntarily. Only proof showing that the employee has positively waived her obligation to return in clear terms would overcome this presumption. In that case, the appellate court said the presumption was not overturned because the evidence failed to meet that standard.

An employee left for cause if she left her job because of domestic circumstances relating to the health, care or well-being of her family or of such a compelling nature as to require her presence. In this case, the Court of Appeal concluded that the plaintiff left for a good cause since she left under emergency circumstances and with the employer’s approval.

#California #court #rules #favor #employee #left #work #care #terminally #ill #parent

Leave a Comment

Your email address will not be published.