COVID19 Exemptions and Mandates in the Workplace - Flat Fee Consultations

Are You Entitled to Unemployment Benefits?

by | May 22, 2017

Are You Entitled to Unemployment Benefits?

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.

Papers used by a Sacramento Wage Claim Lawyer

Contact Us for a Free Consultation

916.851.1900

Recent Post

Managing the Adverse Impact on PEPRA Employees

Mar 7, 2022 | Labor & Employment,

Managing the Adverse Impact on PEPRA Employees The Public Employee Pension Reform Act of 2013 (P...

PORAC LDF Rolls Out Plan VI Coverage Details

Feb 25, 2022 | Labor & Employment,

PORAC LDF Rolls Out Plan VI Coverage Details As you are aware, the passing and subsequent signin...

COVID-19 Supplemental Sick Leave Bill Signed by Governor Newsom

COVID-19 Supplemental Sick Leave Bill Signed by Governor Newsom It’s official, Supplemental Si...

Governor Newsom Extends Supplemental Sick Leave

Governor Newsom Extends Supplemental Sick Leave Governor Newsom announced today that an agreemen...

REQUEST A FREE LEGAL CONSULTATION

Contact Goyette, Ruano & Thompson for a free consultation. We will respond right away and work with your budget.