Legal Question in Employment Law in California
I caught a misdemeanor charge for drinking and thought I was going to go to jail I informed my employer and was fired I ended up not go to jail and now they are fighting for me to not get my unemployment is this legal
2 Answers from Attorneys
They have the right to contest your unemployment claim but the judge at the unemployment hearing will decide whether or not you were fired for misconduct. I'm not sure what the basis is for their argument but they cannot use the mere fact that you were arrested to deny you unemployment.If you have been initially denied benefits, make sure you submit a timely appeal and go to the hearing.
Legal ? Of course, they can contest in good faith. You have the right to present your side, and have an appeal hearing. Hire an attorney if needed.
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