California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 1 - Unemployment and Disability Compensation › Part 1 - Unemployment Compensation › Chapter 5 - UNEMPLOYMENT COMPENSATION BENEFITS › Article 1 - ELIGIBILITY AND DISQUALIFICATIONS › Section 1256-23 - Voluntary Leaving -Good Cause -Working Conditions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Scope. This section relates to whether
						  good cause for leaving the most recent work exists when an individual leaves
						  work due to various aspects of working conditions. Sections
						  1256-1,
						  1256-2, and
						  1256-3 of these regulations set
						  forth general principles also applicable under this section.
The "working conditions" discussed in this section
							 include duties or requirements of the work, employer rules for the work, the
							 method, manner, quality, or quantity of work, relations with other employees,
							 and work transfer situations. Other working conditions situations are discussed
							 in separate regulations (see Section
							 1256-14 concerning opportunity for
							 advancement; Section
							 1256-15 concerning health, safety,
							 or morals; Section
							 1256-20 concerning days, hours,
							 and shifts of work; Section
							 1256-21 concerning union
							 relations, including violation of collective bargaining agreements; Section
							 1256-22 concerning wages issues;
							 and Section
							 1256.2-1 concerning discrimination
							 by employers).
(b) General
						  Principles. An individual who leaves work due to mere personal dislike,
						  distaste, or minor inconvenience caused by working conditions leaves without
						  good cause. If the working conditions are so unsatisfactory as to be
						  intolerable to a reasonable person genuinely desirous of retaining employment
						  and prior to leaving work the individual has taken steps to preserve the job as
						  provided under Section
						  1256-3 of these regulations, there
						  is good cause for leaving the work. An individual who has good cause to leave
						  work for intolerable working conditions is not required to seek an adjustment
						  from the employer prior to leaving work if the employer is unable to remedy the
						  working condition or has previously refused the individual's request for
						  adjustment, or the individual knows that the employer has refused the requests
						  of other employees for an adjustment of the same working condition.
EXAMPLE 1. The employer repeatedly criticized A in a
							 sarcastic manner in front of customers and other employees, despite A's
							 objections. The criticism was for A's errors in the work, for errors not
							 attributable to A, and for matters unrelated to the work. The criticism was so
							 severe that A on several occasions had to leave the work station in tears. A
							 left the work due to the repeated criticism.
A's leaving was with good cause due to abusive,
							 hostile, and intolerable treatment.
EXAMPLE 2. B was a painter and hand decorator. B was
							 placed at work near kilns where the heat was intense, then was moved to a
							 location with improper lighting. Plaster and water dropped into B's paint and
							 on B. On numerous occasions, B complained to the employer of these conditions.
							 The employer took no action. The conditions continued, and B began to have
							 headaches.
B's leaving was with good cause under intolerable
							 working conditions.
EXAMPLE 3. C was a statistician. C left the work
							 because C objected to the employer's general policies and to the rote character
							 of the work.
C's leaving was without good cause since it was due
							 merely to personal distaste and unreasonable.
EXAMPLE 4. D, a retail salesclerk, was required to
							 work a shift from 4:30 p.m. to 1 a.m. and report to work again at 7 a.m.
							 without a break of at least 8 hours, in violation of state law. D did not
							 complain and did not seek a transfer to another shift or work arrangement. D
							 left due to these working conditions.
Although D's leaving would have been with good cause
							 had D complained and sought adjustment of shifts, D's failure to complain
							 negated good cause and the leaving was without good cause, since D's duty to
							 preserve the job had not been performed.
(c) Duties or Requirements of Work. An
						  individual may leave work because the employer's work requirements violate the
						  agreement of hire, impose duties beyond those of the employee's occupation, or
						  reassign work to or from another employee or make changes in the distribution
						  of workload among employees. The leaving of work is without good cause unless
						  the employer's requirements cause undue hardship to or discriminate against the
						  individual worker, or are unreasonable under the circumstances. The employer's
						  requirements are unreasonable under any of the following circumstances:
(1) The claimant is required to perform
						  duties beyond his or her physical ability or skills.
(2) The duties required impose an undue risk
						  of injury or illness upon the claimant (see Section
						  1256-15 of these
						  regulations).
(3) The required
						  duties would be demeaning to the claimant in view of the occupation and status
						  of the claimant.
(4) The employer's
						  requirements are intended to abuse or harass the claimant.
(5) The primary duties assigned to the
						  claimant entitle the claimant to a higher wage but the employer pays a lower
						  wage level (see Section
						  1256-22 of these regulations
						  concerning wages).
(6) The primary
						  duties assigned to the claimant are for work on a substantially lower skill and
						  status level than the claimant's usual work.
(7) The claimant reasonably objects to the
						  employer's requirements on moral grounds (see Section
						  1256-15 of these regulations
						  concerning leaving work on moral grounds).
(8) The employer's requirements will
						  substantially increase the claimant's workload.
(9) The primary duties assigned to the
						  claimant could cause a loss of proficiency in the skills of the claimant's
						  usual occupation.
EXAMPLE 5. E worked as a parking attendant in a
							 storage garage. Initially, E checked automobiles in and out of the garage, and
							 collected fees from customers. Due to a shortage of help, the employer required
							 E to begin parking automobiles. E made no complaint to the employer or E's
							 union, although E was dissatisfied. After several months of work under these
							 conditions, E left due to the requirement that E park cars and because E
							 considered this a violation of the agreement of hire with the employer.
E's leaving was without good cause since the
							 employer's action was reasonable and E made no complaint or effort to seek
							 adjustment.
EXAMPLE 6. F was over 50 years old and worked in a
							 warehouse. F originally had a workload of lifting and stacking not over 300
							 cases weighing 65 to 80 pounds over a 10-day period. The employer increased
							 this to 1,000 cases in a 10-ay period. F requested aid, but the employer
							 refused. F left the work because F believed F's health was threatened and there
							 was an undue risk.
F's leaving was with good cause in view of the undue
							 risk.
EXAMPLE 7. G requested a transfer to another
							 department or a salary increase, when a new supervisor took over and assigned
							 minor additional duties to G on a temporary basis. The employer refused the
							 transfer and salary increase. G would have continued the work had the salary
							 increase been granted. G left the work when G's requests were refused.
G's leaving was without good cause, since the
							 additional duties were temporary and minor, and the employer's requirements
							 were not unreasonable.
EXAMPLE 8. Situation 1. H, a doctor's receptionist,
							 left work because H was required to wash windows daily.
Situation 2. I, a cook's helper, left work because I
							 was required to wash kitchen windows daily.
H's leaving was with good cause since washing windows
							 is demeaning for the occupation of receptionist. I's leaving was without good
							 cause since washing kitchen windows is not demeaning for the occupation of
							 cook's helper and is not a substantial departure from the usual
							 work.