Opinion

Sanchez v. Unemployment Insurance Appeals Board

  • 36 Cal. 3d 575
  • 205 Cal. Rptr. 501
  • 685 P.2d 61
  • 117 L.R.R.M. (BNA) 3203
  • 1984 Cal. LEXIS 204
Court
California Supreme Court
Filed
Aug 23, 1984
Status
Published
Author
Mosk
On the bench
Grodin
Cited by
25 cases
Authority
More cited than 7.0%

The opinion

*590 MOSK, J .

I concur, only because the facts of this case are so egregious as to make it evident there was good cause for the claimants to voluntarily terminate their employment.

This case should provide no precedent for other employees who voluntarily resign from continuous employment merely because the environment is not free of conflict, or because associates and superiors are imperious. While one must sympathize with employees who labor in an unhappy or contentious atmosphere, that circumstance alone does not justify voluntary termination and unemployment benefit claims. Nor are such claims proper when an employee resigns merely in anticipation, real or fancied, of possible firing or discipline at some vague time in the future. A foreseeably imminent discharge or unjustified discipline is required. As declared in Zorrero v. Unemployment Ins. Appeals Bd. (1975) 47 Cal.App.3d 434, 439 [ 120 Cal.Rptr. 855 ], voluntary termination must “be based on serious and exigent circumstances. ”

With the foregoing caveat, I join my colleagues in finding good cause in this sui generis fact situation.

Lucas, J., concurred.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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