Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

California: Leave of Absence and UI benefits California

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • California: Leave of Absence and UI benefits California

    I am looking to put in a leave of absence with my employer. Reason being to run on an idea that I have. Basically to start a business. Leave of absence requested would be for 6-12 months. A possible outcome after leave of absence is my business products and services maybe rolled into my existing employer's product lines.

    Oh, one note is that my employer has already express interest in adding my future business product lines to their existing product lines. I want to sort with this time off to see if I can make a go running my own business thus not having to be dependent as an employee for the remaining working life. I truly want to give this a go, its an opportunity of a life time that if I pass it I will forever wonder why I did not go forward with it (no regrets, lots of fears).

    Would welcome your advice on UI benefits and what legal implications with employer I am requesting leave of absence with running my business during this time off. Keep in mind I will be marketing and selling my products under my business name and my business name only. Thanks for your help/advice.

  • #2
    Whether or not to grant a leave of absence will be up to your employer. They may if they choose to; they will not be legally obligated to do so.

    I cannot imagine that even in employee-friendly California, a voluntary leave of absence to start your own business will qualify you for unemployment.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

    Comment


    • #3
      Agree with CBG, you must be willing and able to accept full time wprk for UI and apparently you will not be able to do so while persuing a personal business venture.
      Not sure how your employer would handle requesting a LOA, but they may or may not grant it.

      Comment


      • #4
        Why would your employer even consider this?
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

        Comment


        • #5
          Good question & I definitely don't see poster qualifying for UI benefits.
          Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

          Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

          Comment


          • #6
            California: Leave of Absence and UI benefits California

            Thanks for the feedback. I totally have not expectations that after 6-12 months the job I leave will be there but its a dream and a leap of faith. If I don't take the chance, one will never know now and regrets and so forth may result.

            So based on all your inputs it be just better for all parties that I just terminate my employment all together? Does this enable UI benefits qualification?

            Here's the rub, having UI benefits would be my sole income. And by exploring this business and having to see if it can take on wings, isn't this not like working and seeking full time employment? Granted, this business probably would never replace salary at least not in the next 6- 12 month time.

            Welcome your advice.

            Comment


            • #7
              In order to get a business off the ground and profitable, you're going to have to work more than 40 hours a week. Then you wouldn't be eligible for unemployment anyway.

              It's a leap of faith, yes, but you have to make sure you have enough savings to not only invest in your business, but survive personally.

              Before you go into this whole hog, suggest you contact the SBA or SCORE, who can help you make a business plan and give you some other recommendations. Depending on the type of business, it could be way more than a year before it would be profitable.
              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

              Comment


              • #8
                And to answer the question, no, if you quit for this reason, you will not qualify for UI.

                And do you realize how little unemployment pays?
                The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                Comment


                • #9
                  Agree, once again you don't get UI benefits when you quit your job.
                  Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                  Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                  Comment


                  • #10
                    Highly unlikely that you would qualify for UI when quitting for such a reason. There are very limited reasons why someone who quits may be approved for UI and to start your own business would not be one of them. If you are set on leaving your employer to engage in this venture, I would first make sure that you have the means, whether it be through your savings or a loan, to support yourself AND your business venture before you leave your steady income. Times are tough and starting a business now won't be easy - if you aren't ready to do so financially, then you should wait, keep working and saving until you can do without the support of government aid (that you really can't qualify for anyway).

                    Best of luck to you.

                    Comment

                    The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
                    Working...
                    X