California employees who voluntarily leave their job with “good cause” as defined by the applicable regulation are entitled to unemployment benefits.
are entitled to unemployment benefits. “Good cause” includes leaving for compelling reasons, whether or not work-related, that “would cause a reasonable person genuinely desirous of retaining employment to leave work under the same circumstances.” Whether the employee had good cause to leave generally is decided on the facts at the time the employee left work.
With the support of her supervisor Mari Lynn Johnson, Johar took leave to go to Chicago to care for her terminally ill grandmother on October 23, 2019. While Johar was in Chicago, she received inquiries from Johnson about pending SWS matters and about her expected return date. Johar replied that she would respond when the emergency with her grandmother ended.
The EDD determined that SWS had approved Johar’s absence to care for her grandmother in Chicago, but that Johar was disqualified from receiving unemployment benefits because she had overstayed her leave, failed to communicate with her supervisor while gone, and failed to take steps to retain her job when she returned. The California Unemployment Insurance Appeals Board upheld the EDD order.The court of appeal reversed, concluding Johar was entitled to unemployment benefits.
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