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.
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.