Legal Question in Civil Litigation in California
unemployment benifits
I have been working for a company for over 3 years, if i get fired from work do i still get unemployment benefits?
3 Answers from Attorneys
Re: unemployment benifits
Unemployment benefits generally are available unless the employee termination is due to the employee quitting, or being fired for dishonesty. Layoffs, Reductions in force or any "termination" which is the result of a legitimate buisness event leave benefits available.
Re: unemployment benifits
This would depend on why you got fired. If you were fired because you were stealing, then you could expect to be eating cat food because I do not believe that you would be entitled to receive unemployment benefits. However, if you were laid off due to the lack of work, your meals would graduate to McDonalds since you would be entitled to receive unemployment benefits. However, anything in between, you may have to go to an EDD hearing to determine whether or not it will be cat food or McDonalds.
Good luck
Re: unemployment benifits
Unemployment benefits are available to any California employee WHERE the employer has informed the State of California of your employment through tax deductions of your pay. If no deductions, then YOU HAVE TO prove your employment.
If you are fired due to "bad conduct" such as theft, willful destruction, or other conduct that is considered outside of hte "employment envelope" you would generally not be entitled as the employer has a "defense" to your unemployment claims.
If terminated due to usual reasons (bad worker, work slow down, "laid off" business sold or what have you) then generally you re entitled.
In any event, many employers just simply fight to retain the benefits so you coul dend up in a hearing regardless!
Good luck
Sincerely,
Mark Mitchell Geyer