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When are you entitled to unemployment benefits?

The Employment Development Department grants employment benefits to employees depending on the reason an employee’s employment is terminated.  Usually, in order to collect unemployment benefits, employees must be out of work due to no fault of their own. That is why employees who are laid off for economic reasons are clearly eligible to unemployment benefits.

For fired employees the rule is that if you are fired for serious misconduct, you are usually not eligible for unemployment benefits or at least not for a certain amount of time called the “disqualification period”. It means a penalty is imposed on the employee, who will not qualify for unemployment compensation for a certain amount of time but may be eligible for unemployment benefits at the end of this period.The rules that define whether you qualify for unemployment compensation or not as well as the definition of misconduct are defined by state law and therefore vary from state to state.

In California, the term “misconduct” does not necessarily imply an evil or corrupt motive or an actual intent to injure or damage an employer’s interests. It is sufficient if the act, or the failure to act, on the part of the employee is committed or omitted under such circumstances as would justify the reasonable inference that the employee should have known that injury or damage to his employer’s interests was a probable result. For example, a truck driver who was fired because he was involved in several accidents due to negligence fits the definition of misconduct. In that case, even if the accidents didn’t occur on the job or during working hours, the misconduct was clearly related to his work.

Employees who quit their jobs might be eligible for unemployment benefits depending on the reason they quit. Indeed, if the employee voluntarily quit his job for a “good cause”, he might be eligible for unemployment benefits.
In California, “good cause” exists for leaving work when a substantial motivating factor is real, substantial and compelling and would cause a reasonable person genuinely desirous of retaining employment, to leave work under the same circumstances. There are several examples of “good cause” such as medical reasons, sexual harassment within the workplace, a manager forcing his employees to commit illegal acts, etc.

In some cases though, you may still have to go through a disqualification period before you qualify for unemployment benefits.

After filing a claim for unemployment benefits, the employment agency will review the info provided by the employee, contact the past employer and in some cases contact the employee for a phone interview.

If your claim for unemployment benefits is denied, because the reason you were fired meets the state’s definition of misconduct, because the reason you quit was not considered a good reason; or simply because you didn’t have sufficient earning during the base period, you can file an appeal.

In the state of California, an appeal must be submitted within 20 calendars days of the mailing date of the notice of determination. For more information about the appeal process, please visit  http://www.edd.ca.gov/unemployment/First_Level_Appeal.htm.

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Mr. Balogh is the best! he has done a great job in my case and has helped me a lot. He is very dedicated and thorough. In addition he has tried to find a remedy for my particular legal situation. If I ever need a attorney again, i won’t hesitate to contract his services again. I am very grateful to him.

— Victor C., 08/2021
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