Are You Entitled to Unemployment Benefits?
You have received notice of termination from employment. The first questions that come to mind for many people are “how am I going to pay my bills?” and “will I be eligible for unemployment benefits?” The answer depends on certain factors. Unemployment benefits are available to anyone who worked full-time and was not terminated for what EDD (the agency that determines if you are eligible and calculates your benefits) considers to be misconduct.
In most cases, misconduct means something completely different than what it means to your Department. Your Department has likely given you an Order for Termination that claims you engaged in what your Department considers to be misconduct. However, you may still qualify for benefits! This is determined on a case by case basis and the best course of action is to contact us, but here is a brief summary that applies to most cases:
Were you terminated for a single incident? Perhaps the Department claims you engaged in the ever elusive act of “Conduct Unbecoming.” If you can show EDD that the incident was the result of an “isolated incident of a simple lapse in judgment,” you will still qualify for benefits.
However, many EDD employees are trained to deny benefits on the first claim that you file when they see that you were terminated. You will have to file an “Appeal” within the time period stated on your notice. Many times, the Judge will approve your benefits after the hearing.
Beware of the rules regarding introduction of facts and evidence at Appeal hearings. It is in your best interest to contact us for assistance before your hearing if you think you meet the above criteria for benefits.
