The California unemployment insurance program is a program that awards benefits to employees who have lost their job or in some cases, have had their hours reduced. There are a set of eligibility requirements one must meet in order to receive benefits. In order to qualify an employee must…
- Have received enough wages to during the base period
- Be totally or partially unemployed
- Be unemployed through no fault of their own
- Be physically able to work
- Be available for work
- Be ready and willing to immediately accept work
- Be actively looking for work
- Be approved for training before training benefits can be paid
If you were fired, then according to the California Employment Development Department (EDD), you were discharged. Their definition of discharged means you did not voluntarily quit your job or were laid off due to lack of work. If you were discharged you were ready and able to work, but your employer would not let you. Sometimes the line between voluntarily leaving and being discharged is not clear. If an employee was the moving party, meaning, they were still able to work but not allowed to, then they were discharged. Sometimes an employer may allow the employee to voluntarily leave in order to keep an employee’s record clean, which means the employer was the moving party, but this is still considered a discharge. Make sure you can determine what kind of separation took place between you and your employer. If you need help discerning this, feel free to speak to one of our unemployment attorneys at California Labor Law Employment Attorneys Group.
Are you worried about not getting unemployment because of the manner in which you left your employer? The EDD has determined that there must be one or more acts of misconduct which directly caused your discharge in order for you to be ineligible for unemployment benefits. To specify, misconduct defined by the EDD is an act by an employee that results in an injury or damage to employer. Remember, if you were discharged it does not necessarily mean you were discharged for misconduct. So when determining if you are eligible for unemployment benefits after you were fired, you must look at the circumstances surrounding your discharge. Being fired alone does not unequivocally mean you do not qualify to receive benefits. The EDD also goes into detail many different scenarios resulting in a discharge. So if you need help nagicating through these, do not hesitate to contact one of our lawyers who will help determine your eligibility.
How do I file a claim for unemployment?
You have one week after you have lost your job or had your hours reduced to file your claim otherwise you may be subject to reduced benefits. Here is the information you will need to include in your claim:
- Your last employer’s company name, supervisor’s name, address, and phone number
- Last date you worked and the reason you no longer are working
- Gross earnings in the last week you worked
- Information on all the employers you worked for in the last 18 months
- Citizenship status, and if you’re not a US citizen, information from your employment authorization document
If you were accepted to receive benefits, you will asked to continuously prove your eligibility every two weeks via a Continued Claim form. You can receive benefits for up to 26 weeks with a weekly payment of $450.
How do I get unemployment if I was fired?
If you were fired or quit, part of the process of filing an unemployment insurance claim is being scheduled for a phone interview. Once you have sent in all the required documents, you will be asked to conduct an interview with an EDD interviewer in order to resolve the separation issue. For your phone interview you should be prepared to provide accurate information on why you no longer work for your employer. Do your best to remain professional, not present hostility to your former employer, and keep answers brief and relevant. This is your chance to clarify your situation and make your case for receiving benefits.
The interviewer will document information from both you and your employer and make a decision based on what they have found. The EDD’s decision will be mailed to you and your employer.
I was denied unemployment benefits. What now?
If you went through the process of filing a claim and conducting and interview and you received a notice denying you unemployment benefits, there is still another option for you. You are allowed to file an appeal within 30 days of the mailing date of your notice. You must mail in your appeal claim to the address on your notice. It must include:
- Your name
- Address and phone number
- Social Security number
- Name and mailing address of any representative
- The reason for your appeal
- A copy of the EDD’s decision
- Any request for language assistance or special accommodation
If you are an employer, you also have the right to file a claim and must follow the same process, but also include:
- Name of your business
- Employer account number
- Employee’s Social Security number
The Office of Appeals will notify you at least 10 days in advance of the time and place of your hearing. At the hearing an Administrative Law Judge will give both sides a chance to present their evidence and will issue a written decision. If you are looking for help with any of these steps of the process to receive unemployment benefits, one of our experienced unemployment attorneys will be happy to assist you.
Unemployment Lawyer in Los Angeles
If you were fired from your job, do not lose all hope. There is still a possibility you may be able to receive unemployment benefits. Work with one of our unemployment attorneys to increase those chances. We understand that going through a phone interview about your discharge can be stressful and scary. The lawyers at our firm want to make sure you are not alone in this process and that you are fully prepared and ready to take on the task. Everyone has a story and you should be given the chance to tell that story. Come in to our office for a free consultation. Receiving unemployment benefits can make a real difference in your quality of life when it comes to being unemployed in Los Angeles. Also, if in evaluating your case, it looks like you were wrongfully terminated or discriminated against, you need to sue your employer with the help of one of our wrongful termination lawyers. Our zero-fee guarantee means we will take on your case free of charge. You will not be charged anything unless we win. A wrongful termination or discrimination case could lead to you receiving even more monetary remedies for your pain and loss. Do not pass up this opportunity to fully dissect your situation to see what kind of maximum benefits you may be able to receive.