Legal Question in Civil Litigation in California

unemployment benifits

I have been working for a company for over 3 years, if i get fired from work do i still get unemployment benefits?


Asked on 2/20/07, 12:50 am

3 Answers from Attorneys

Kurt Boyd LAW OFFICES OF KURT BOYD

Re: unemployment benifits

Unemployment benefits generally are available unless the employee termination is due to the employee quitting, or being fired for dishonesty. Layoffs, Reductions in force or any "termination" which is the result of a legitimate buisness event leave benefits available.

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Answered on 2/20/07, 3:21 pm
David Lupoff Law Offices of David B. Lupoff

Re: unemployment benifits

This would depend on why you got fired. If you were fired because you were stealing, then you could expect to be eating cat food because I do not believe that you would be entitled to receive unemployment benefits. However, if you were laid off due to the lack of work, your meals would graduate to McDonalds since you would be entitled to receive unemployment benefits. However, anything in between, you may have to go to an EDD hearing to determine whether or not it will be cat food or McDonalds.

Good luck

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Answered on 2/20/07, 2:42 am
MARK GEYER LAW OFFICES OF MARK MITCHELL GEYER

Re: unemployment benifits

Unemployment benefits are available to any California employee WHERE the employer has informed the State of California of your employment through tax deductions of your pay. If no deductions, then YOU HAVE TO prove your employment.

If you are fired due to "bad conduct" such as theft, willful destruction, or other conduct that is considered outside of hte "employment envelope" you would generally not be entitled as the employer has a "defense" to your unemployment claims.

If terminated due to usual reasons (bad worker, work slow down, "laid off" business sold or what have you) then generally you re entitled.

In any event, many employers just simply fight to retain the benefits so you coul dend up in a hearing regardless!

Good luck

Sincerely,

Mark Mitchell Geyer

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Answered on 2/20/07, 10:01 am


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