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 1256-3 - Voluntary Leaving -Good Cause -General Principles

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Scope. This section relates to general
						  principles of good cause for the voluntary leaving of most recent work, the
						  employee's duty to take affirmative steps to preserve the employment
						  relationship before leaving work, and the manner in which this duty may be
						  negated. For examples of specific circumstances which may constitute good cause
						  for leaving work, see Sections
						  1256-4 to
						  1256-23 of these
						  regulations.
(b) Good Cause for
						  Leaving Work. "Good cause" exists for leaving work, when a substantial
						  motivating factor in causing the claimant to leave work, at the time of
						  leaving, whether or not work connected, is real, substantial, and compelling
						  and would cause a reasonable person genuinely desirous of retaining employment
						  to leave work under the same circumstances. Generally good cause for leaving
						  work is decided on the facts at the time the claimant left work. Unless there
						  is a timely connection between any alleged reason for leaving and the actual
						  leaving, the employee has waived what might otherwise justify termination of
						  the employment relationship and has negated the required causal connection
						  between any given alleged reason for leaving and leaving. The claimant may
						  submit several reasons for leaving work, some of which, when considered
						  individually, do not constitute good cause. However, if one reason which is
						  good cause is a substantial motivating factor in causing the claimant to leave
						  work, the claimant's leaving is with good cause.
(c) Duty to Preserve the Employment
						  Relationship. Prior to leaving work, the claimant has a duty to attempt to
						  preserve the employment relationship. Failure to do so negates what would
						  otherwise constitute good cause. This duty may be satisfied by reasonable
						  steps, including, but not limited to, any of the following:
(1) Seeking an adjustment of the problem by
						  allowing the employer an opportunity to remedy the situation if the employer
						  can reasonably do so.
(2) Seeking a
						  leave of absence or transfer to other employment with the same employer if
						  likely to remedy the problem and if the claimant knew or should have known that
						  a leave or a transfer probably would have been granted had one been
						  requested.
(3) Taking steps within
						  his or her own control, such as hiring a sitter for child care to solve a child
						  care problem, or joining a car pool or repairing an automobile or purchasing a
						  replacement vehicle to solve a transportation problem.
COMMENTS. Section
							 1256.1 of the code relates to
							 terminations of employment which result from absences from work due to
							 incarceration. In such cases, Section
							 1256.1-1 of these regulations
							 should be consulted in order to establish whether the individual has left work
							 voluntarily without good cause.
Pursuant to Section
							 1256.2 of the code, an individual
							 who terminates employment due to intentional deprivation of equal employment
							 opportunities, unless deprivation is based on a bona fide occupational
							 classification or certain security regulations, is deemed to have left work
							 voluntarily with good cause and is not under a duty to take affirmative steps
							 to preserve the employment relationship prior to leaving work. However, if the
							 deprivation is unintentional, the individual is not exempt from the duty to
							 allow the employer an opportunity to correct the situation prior to leaving
							 work (see Section
							 1256.2-1 of these regulations for
							 interpretation).