Unemployment Benefits: Valuable Tips to Get Your Benefits
We have placed some of the most common concerns in an easy to follow question and answer format.
Question: How does an employee qualify for unemployment insurance?
Answer: The main criteria is you have to be unemployed. You are not allowed to claim unemployment insurance for the same period of time you are working. This is illegal and can land you in a lot of trouble.
Additionally, you have to have been laid off or fired (not for willful misconduct). If you simply quit in most instances you will not qualify for unemployment insurance. You should understand that even if you do initially qualify for unemployment benefits, your employer is able to appeal such ruling and that ruling could be reversed. Some employers do this for good reason and others because they are vindictive.
Question: Can I file my claim online or do I need to go the unemployment office of EDD?
Answer: Conveniently, you may now file for your unemployment benefits online. No more embarrassing visits to the unemployment office.
Question: Can I be disqualified for unemployment benefits if my employer fires me for being late to work or failing to meet my performance goals?
Answer: To be disqualified for benefits your conduct must rise to the level of willful misconduct as interpreted by EED or ultimately a judge. One example of this might be carrying weapon to work another may be driving a company vehicle while intoxicated.
It is not uncommon for an employer to attempt to challenge unemployment benefits if an employee has another labor case pending against the employer. The reason for this is they will have a chance to question and gather evidence at this hearing that may enable them to have an advantage in the other labor matter. For this reason, it is wise to have a California labor lawyer represent you in the unemployment hearing if you have another labor case pending against the employer in order to keep the questioning on point with the unemployment issues only.
If you have questions related to unemployment insurance and cannot resolve them through communications with EED it is important that you speak to a California labor lawyer?
This is especially necessary if you believe that you have other labor claims aside from unemployment insurance as a California California employment lawyer?
can advise you as to how to protect your interests prior to the hearing with EED?
If you have any questions about this article or our blog, feel free to call us at:
Long Beach – (562) 256-1047
Los Angeles – (213) 261-0229
San Francisco – (415) 200-0012 or (415) 230-2755
San Diego – (619) 342-1242 or (619) 272-2193
