Employees in California who lose their jobs or have their hours reduced may qualify for payments from the California Unemployment Insurance Program. In order to qualify for payments on a weekly basis, you must meet the following criteria:
- Be completely or partially unemployed
- Have earned enough wages during the months that count as your base period
- Lose your job through no fault of your own
- Have the physical / mental capacity to work
- Be available to work if a job becomes available
- Be willing to immediately accept a job offer
- You are actively looking for work
- If you are seeking training benefits, you must have proof that you are approved for a training program.
In essence, you would have to show that you were laid off due to lack of work, or you did not voluntarily quit your job. This is what it means to be “discharged” according to the California Employment Development Program (EDD). But some cases of discharge are not so black and white, so it’s essential to determine what kind of separation occurred between you and your employer. For example, there are cases where an employee is asked to leave voluntarily in order to keep certain benefits, or to avoid a bad employment record. Here, it can be argued that the employee was forced to leave, even though they were able to work and wished to keep their job.
How can You be Disqualified from Receiving Unemployment?
Understandably, many people who have been fired are concerned about their eligibility for unemployment. According to the EDD, you must have committed one or more acts of misconduct in order to be ineligible for unemployment benefits in the state of California.
The EDD defined “misconduct” as any act by the worker that results in damage / monetary losses to the employer. So, if you were fired from your job, i.e., discharged, it does not necessarily mean that you are guilty of misconduct. This is a crucial factor when it comes to your right to receive unemployment after you were let go from your job. It may seem like being fired in itself is enough to say you cannot apply for unemployment, but this is not necessarily true.
At the end of the day, it can be helpful to discuss your experience with a California employment attorney, who can advise you of rights and legal options.
How Do I File an Unemployment Claim?
Staring from your last day of work, you have 1 week to file a claim for unemployment. Please note that you cannot seek benefits retroactively, so you will not be paid for any weeks that are missed by waiting to file a claim. So, we advise that you start the claims process immediately and ensure that you have the following information;
- Your employer’s official company / business name, name of your supervisor, and your employer’s address and phone number
- Your last work date and the reason you separated from your employer
- Your total gross earnings for the last week of work
- Names and contact information for all employers you worked for in the past 18 months
- Proof of your citizenship status or employment authorization document
If you are approved for unemployment benefits, you will need to prove your eligibility via the Continued Claim form every 2 weeks. Benefits can be paid for up 26 weeks on a weekly basis at a maximum rate of $450.
Seeking Unemployment if You are Fired
If you were fired by your employer or quit your job, you will need to have a phone interview with a representative from the EDD. This is done in order to get information about the reason for separation and give you a chance to prove your eligibility for unemployment.
Depending on how and why you were fired, you may have a lot of resentment toward your employer. During the interview with the EDD, try to keep things professional and avoid any hostile comments regarding your employer. Simply answering the questions that are asked and not saying too much is a good way to avoid getting emotional and coming off as accusatory and defensive. Keep in mind that the interviewer will talk to your employer as well, so you want to make a good impression and ensure that you stick to the facts.
After speaking with both you and your employer, the representative will make a decision based on their findings and mail you the decision.
My Unemployment Claim was Denied. What Do I Do Now?
So, you went through the exhaustive process of fighting for unemployment benefits, only to receive a denial notice. What can you do at this point? Well, you can still go ahead and file an appeal within 40 days of when the denial letter was mailed to you. Your unemployment insurance appeal must be mailed within 30 days of the issuing date on the Notice of Determination and/or Ruling.
Please make sure to include the following information in your appeal form to the EDD:
- Your full legal name
- Your address and phone number
- Your social security number
- If a representative is acting on your behalf, their name and address
- Why you are appealing the EDD’s decision
- A copy of the ruling from the EDD
- Request for any special accommodations if needed (an interpreter, for example)
Your employer also has the right to appeal the Notice of Determination by filing the appropriate forms and asking for a hearing. Both you and your employer will be notified of the hearing date at least 10 days in advance by the Office of Appeals. This is a meeting where both sides have a chance to present their story to the Administrative Law Judge. Legal representation is strongly recommended if you wish to file an appeal and ask for an unemployment benefits hearing.
Consultation with a Los Angeles Unemployment Lawyer
If may feel like a hopeless situation if you lose your job, but there are instances where you can receive unemployment benefits after being fired. Our unemployment lawyers can evaluate your case and help you explore the available legal options during a free case review. At the end of the day, you should have a chance to tell your side of the story and present any evidence and circumstances that may entitle you to unemployment benefits. That’s why we are here to speak with you 24 hours a day, 7 days a week.
In the event you are interested in taking legal action against your employer, you are protected by the Zero Fee Guarantee. As one of our clients, you have the assurance of knowing that we do not ask for legal fees until you receive payment from successful employment claim. If we do not secure a favorable outcome on your behalf, you pay us $0 and walk away without any losses.
To learn more about the ways we can assist you, don’t hesitate to call and talk to a lawyer with experience in wrongful termination and other employment disputes.
