Legal Question in Employment Law in California
I was fired for texts that another employee sent from my phone. Can I still collect unemployment in the state of California?
Asked on 2/05/14, 7:58 pm
2 Answers from Attorneys
Michael Kirschbaum
Law Offices of Michael R. Kirschbaum
The burden of proof is on the employer to convince the EDD you violated an important rule, which would be tantamount to misconduct. The EDD bases its decision on the information provided by you and the employer. If you are initially denied benefits, you have the right to appeal the decision which will result in a hearing before an administrative law judge. You will have a chance to tell your side of the story and provide any evidence you have to support your position. Good luck.
Answered on 2/06/14, 9:40 am
Terry A. Nelson
Nelson & Lawless
If fired for misconduct, like this, you are ineligible for EDD. If denied benefits, you can appeal and try to prove your story to EDD.
Answered on 2/06/14, 1:14 pm