Legal Question in Employment Law in California

unemployment benefits

can i receive unemployment benefits if im fired or laidoff with cause


Asked on 5/03/07, 6:39 pm

2 Answers from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: unemployment benefits

Yes, unless the employer claims you were fired for "misconduct", in which case you may have to have a hearing to show to the administrative law judge that the facts do not support their claim that you committed misconduct.

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Answered on 5/03/07, 7:23 pm
Thomas Pavone Pavone & Cohen

Re: unemployment benefits

The California Unemployment Insurance program is designed to provide compensation to individuals unemployed through no fault of their own. Thus a voluntary resignation would disqualify you unless there was a compelling reason requiring you to quit. Likewise, if you are terminated for willful misconduct, you will be disqualified from benefits.

What was the reason for discharge? Did the employer allege that you violated a rule or policy? Had you been warned previously (not necessarily required)? Did you know that what you did could cause harm to the employer? These and other questions will assist in determining whether you were terminated for misconduct.

If you believe you are entitled to benefits, you can file and the Employment Development Department will determine whether you have a valid claim.

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Answered on 5/03/07, 7:27 pm


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