Legal Question in Employment Law in California

Termination and Unemployment Paid

If I get fired by my employee because I did soemthing wrong, will I still be able to apply for unemployment paid for six months?


Asked on 8/28/05, 5:48 pm

4 Answers from Attorneys

Donald Holben Donald R. Holben & Associates, APC

Re: Termination and Unemployment Paid

If terminated by "employer" for "wrongful conduct", can be turned down for unemployment benefits. You can always apply. "Wrongful conduct" special definition.

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Answered on 8/31/05, 11:39 am
Frank Pray Employment Law Office of Frank Pray

Re: Termination and Unemployment Paid

The CA Unemployment Insurance Code and administrative decisions interpreting it set out the rules for qualification. The reason you were fired will determine if you qualify. If you were fired for simple negligence or incompetence, you will qualify. If you were fired because of wilful neglect of duties or active misconduct, you will not qualify.

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Answered on 8/31/05, 11:56 am
Terry A. Nelson Nelson & Lawless

Re: Termination and Unemployment Paid

If you are fired for misconduct, NO. If a mistake or poor performance, then yes.

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Answered on 8/31/05, 3:28 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: Termination and Unemployment Paid

It depends what that "something wrong" is. If it's a deliberate act like punching the boss in the nose (I'm not suggesting that), or stealing the payroll, it will be denied. In any case, you can always apply for unemployment compensation. Whether it's granted is another thing.

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Answered on 8/30/05, 9:38 pm


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