We Can Help You Fight For Justice
When your employer wrongfully discriminates against you or harasses you, and you lose your job, you can feel hopeless. Employers should not get away with it! By standing up for your rights, you are standing up for yourself. You are also standing up for everyone who has ever suffered the injustice of an employer keeping earned wages.
Please make an appointment for a free consultation in our Newport Beach office. You can contact us by email or phone. We want to help.
Will My Boss Know If I File For Unemployment
Can the boss find out that you have been collecting unemployment? The short answer is sort of, but they won’t get that information from the government. There’s no secret file out there with your name on it containing your entire work history and its ups and downsat least, not one that employers can access.
A Helpful Guide By Attorney Steven I Azizi Partner At Miracle Mile Law Group Llp
Under CA law, meeting certaincriteria could make you eligible for unemployment benefits. However, you mustactively be looking for a job in order to get unemployment. Unemploymentbenefits help those who have been recently fired get through some of thetoughest times. But what about if you were wrongfully terminated from your job and seeking unemployment benefits. A commonquestion the lawyers here at Miracle Mile Law Group receive is how wrongfultermination lawsuits affect eligibility for unemployment insurance. Its a fairquestion to ask, and one this article will help answer.
Recommended Reading: How Do You Report Unemployment Fraud
Take Time For Reflection And Self
Take time after losing your job to de-stress and reflect on where you are. You might consider writing down your strengths and weaknesses on the job, what you enjoyed about your job, what you didnt enjoy and what other roles or industries sound interesting to you.
Be attentive to your need for self-care during this time. While it is important to update your resume, apply for jobs and participate in interviews, it is also productive to take breaks and reward your efforts in small, meaningful ways. This can be simply taking a walk outside, spending time with loved ones or reading a book.
Serious Misconduct And Ineligibility
In New Jersey and Pennsylvania, each states laws determine whether or not you may be eligible for unemployment if you have been fired. In general, if you were fired for serious misconduct, you will likely be deemed to be ineligible, either completely or for a period of time known as a disqualification period.
You May Like: How To File For Unemployment In Nj
What Are My Rights If My Employer Declares Bankruptcy
If your employer has filed for bankruptcy, it means the company has asked the court to help it either plan a repayment schedule or sell off all its property and use the money to pay off the creditors . Each individual employee of a bankrupt business is given a priority as a creditor of up to $11,725 . However, secured creditors, such as banks for commercial lenders who are entitled to repossess property if payments are missed, have higher priority. To protect your rights as a creditor of your bankrupt employer, you should find out the county where the company field the bankruptcy petition and call the clerk of the United States Bankruptcy Court for that county. Ask the clerk how to submit a Proof of Claim form, which is the form that the court uses to determine how much money to give you. For more information on your rights in company bankruptcy or sale information, see our Fact Sheet Employer Bankruptcy, Sale, or Abandonment.
Who Is Eligible For Unemployment Benefits
Not everyone who is unemployed is eligible for unemployment benefits. Unsurprisingly, there are a lot of rules surrounding who can claim it, but in general, qualifying for unemployment is based on why the employee was let go.
To be eligible, an individual must be out of work for reasons beyond their control. Examples include layoffs, downsizing, lack of available work or furlough, such as due to COVID-19. They must also meet work and wage requirements, plus any additional requirements mandated by their state.
If an employee quits a job by their own choice, they typically wont receive unemployment benefits. However, if employees can prove good cause to quit, such as unsafe working conditions or harassment, they may still be eligible. March 2020s CARES Act expanded good cause possibilities to include pandemic-related reasons, like the need to care for a family member who tested positive for COVID-19. Those expanded benefits expired on September 6, 2021, yet there is always the possibility for more changes.
Terminated employees have certain rights, one of which is the right to receive unemployment compensation, if they qualify.
There are also several forms of misconduct that would exclude a fired employee from collecting unemployment benefits:
- Failing a drug test or reporting to work intoxicated.
- Safety violations.
- Sexual harassment.
- Causing abuse or harm to other employees.
You May Like: Should I Have Taxes Withheld From Unemployment Benefits
You May Be Eligible For Unemployment Benefits After Being Fired It Depends On Your State’s Law And On Why You Lost Your Job
Unemployment benefits are available to those who are temporarily out of work through no fault of their own.
If you were laid off or lost your job for financial reasons , you will meet this eligibility requirement.
But what if you were fired? Your eligibility for benefits after being fired depends on your state’s law. Applicants will not be eligible for unemployment benefits if they were fired for serious misconduct relating to the job. States vary in how they define misconduct, however.
Unemployment Benefits If You Were Fired For Misconduct
In a number of states, the misconduct for which an employee was fired has to be quite serious to render the employee ineligible for unemployment compensation. An employee who is fired for poor performance, lacking the necessary skills for the job, or simply being a poor fit will still be able to collect unemployment in these states. An employee who intentionally acts against the employer’s interests, on the other hand, will not be eligible for benefits.
Other states are more strict, finding that an employee who is fired for violating a workplace policy or rule, or even for performance problems, won’t be eligible to collect benefits.
In most states, these types of misconduct will likely render an employee ineligible for benefits:
- Criminal actions. An employee who engages in criminal behavior relating to the jobsuch as driving for work while under the influence, assaulting a customer or coworker, or selling illegal drugs at workwill not be eligible to receive benefits.
- Theft. An employee who steals money, trade secrets, or other valuable property from the company, or who steals from coworkers or customers, will not be eligible for benefits.
- Safety violations. An employee who is fired for intentionally violating an important safety rule probably won’t be eligible for benefits.
- Excessive unexcused absences. Failing to show up for work repeatedly is likely to be seen as intentional misconduct, not the kind of mistake or inability to meet standards that some states will excuse.
You May Like: Can I Get Food Stamps While On Unemployment
How Does Unemployment Work
The first step toward understanding this is to learn a bit more about unemployment and what it really is and what its goal is. You may hear the terms unemployment insurance and unemployment benefits used pretty interchangeably. Thats because they are the same thing.
Since 2020, the coronavirus has affected unemployment benefits by state and across the country. This can change the length of time you receive payments and the amount youre eligible to receive. Since many businesses were shut down unexpectedly, unemployment rates rose dramatically during this time and an additional stimulus payment was added. Some states did a good job with supporting employees, others did not.
Can I Receive Unemployment Benefits After Being Fired
If you’ve lost a job through no fault of your own, you’ll probably be eligible for unemployment benefits, which replace a portion of your wages while you look for a new job. For example, if you’ve been laid off due to budget cutbacks at work, you’ll likely qualify for unemployment.
You might also qualify for benefits if you quit your job, provided you have good cause for leaving. Good cause usually means intolerable working conditions, such as workplace safety issues or ongoing sexual harassment, that have essentially left you no choice but to quit.
But if you’re fired from your job, the rules are a little different. Most states’ eligibility rules say that you can still receive benefits as long as you weren’t fired for committing misconduct. The term “misconduct” usually covers an employee’s refusal to perform work duties or behavior that shows a serious disregard for the employer’s rules or interests. An employee who is fired for misconduct will be ineligible for unemployment benefits, either completely or for a certain length of time after being fired . Some states vary the length of the disqualification period depending on the severity of the misconduct.
Don’t Miss: Self Employed Unemployment Tax Refund
Schedule An Appointment Today
Your alleged misconduct would need to be pretty severe in order to make you ineligible for unemployment. If you were fired for not having the needed skills, failing to perform adequately or because you were a poor fit, our attorneys at Swartz Swidler will likely be able to help you to collect unemployment benefits. If you recklessly or intentionally acted in a way that was adverse to the interests of your employer, you will likely not be able to collect unemployment at least for the disqualification period.
Reasons You May Be Ineligible For Unemployment Benefits When Fired
If you have lost your job, you may be considering filing for unemployment benefits in order to make it while you search for a new position. If certain circumstances apply to your job loss, however, you may be ineligible for unemployment benefits. In order to collect benefits, you must have lost your job through no fault of your own. An example of faultless job loss that would result in benefits eligibility might include being laid off from your job because of financial reasons. If you were fired, you may be ineligible for unemployment benefits in some cases. It will depend on the reason why your employer fired you. Our attorneys at Swartz Swidler LLC may review the denial in order to determine whether you have grounds to fight the denial.
Read Also: How Do I File An Unemployment Claim Online
Sjz Member New York Bar / Freeadvice Contributing Attorney
Answered 10 years ago | Contributor
What do you mean by “wrongfully”? If you were not fired for cause–whether agree with the reason or not, and whether it was “wrongful” or not–you should be eligible for unemployment benefits. On the other hand, if you were fired “for cause”–that is, for insubordination, for violating company policy, for commiting crimes at work, for excessive absenteeism, or the like–then expect that your company will oppose any application you make for unemployment benefits. In that case, IF you can prove that you did not do the thing your employer accuses you of, you should be able to receive the benefits, but this may be difficult if you have no evidence, other than your own testimony.
How Long Will It Take To Get My Unemployment Benefits After I File
The federal Department of Labors website says that you can expect your first unemployment check two or three weeks after you apply, as long as you submit all of the required information, and no follow-up is necessary. In some states, there is a waiting period between the time you become unemployed and when you are eligible for benefits. This means you wont receive any unemployment compensation for the first week you are out of work.
Don’t Miss: How To Get 1099 G For Unemployment
Job Loss And Health Care Benefits
- Upon termination of employment, some workers and their families who might otherwise lose their health benefits have the right to choose to continue group health benefits provided by their group health plan for limited periods of time.
- Employers may be required to provide certain notices to their employees
Were You Laid Off Or Fired
There is a difference between being laid off and fired. Generally, we will treat you as:
- Laid off ifyour employer is not replacing you. You will qualify for unemployment benefits if you meet all of the eligibility criteria.
- Fired if your employment was ended because of performance, behavior or other just cause reason. You may qualify for unemployment benefits if you were fired through no fault of your own, such as not having the skills to do the job. Youmay not qualify if you werefired for misconduct or gross misconduct.
Also Check: What Is The Phone Number For The Unemployment Office
The Quick Answer: It Depends
Sometimes, good workers get let go for reasons outside their control. For example, if your company experiences financial problems, it may have to lay off some of its staff. Similarly, if things shift within your company so that your department is eliminated, you could find yourself out of a job, even though you didn’t do anything wrong.
The good news is that if you do find yourself out of work due to such circumstances, you may be entitled to unemployment benefits. Though those benefits won’t replace your entire paycheck, they will provide some income for a number of months while you look for another job.
But what happens when you’re fired for cause — meaning, you were terminated because you either violated a company rule or did a poor job? Are you still entitled to unemployment benefits, or will your income truly take a turn for the non-existent?
IMAGE SOURCE: GETTY IMAGES.
New Hampshire Ui Eligibility
In order to be eligible for unemployment insurance benefits in New Hampshire, a worker must meet three requirements:
- Earned at least a minimum amount in wages in the year before they became unemployed.
- Be able to work and are actively seeking a new job.
- Be unemployed through no fault of their own, as defined by New Hampshire law.
While the question of how much an employee earned in their base period is a straightforward mathematical calculation, the other two conditions depend on state regulations. The New Hampshire of Employment Security agency determines the issue by looking at a workerâs circumstances. For example, those in jail, on vacation or in school full time are not likely to be considered available to work, nor is someone with transportation or child care issues. A worker must also actively look for work each week and provide the contact information to the agency.
Recommended Reading: Unemployment Phone Number North Carolina
May Unemployment Tips: Poor Performance Or Misconduct
Discharges for poor performance will usually not disqualify a claimant from unemployment benefits. Most states define poor performance as the inability to meet company standards. The employer must prove misconduct to disqualify a claimant from benefits. Confusion occurs when poor performance is erroneously used to explain all or most separations. Intentional violations of company rules or standards should usually be reported as misconduct.
The key issue is willfulness. If the employee has the skills, physical and mental abilities to do the job and has shown ability to perform in the past but now chooses not to, that is usually misconduct resulting in a denial of benefits. On the other hand, if he never demonstrated full capability or if previously adequate capabilities have diminished through no fault of the employee, it will likely not be misconduct.
The Base Year basis of determining claim charging provides employers with a 90-day minimum introductory period whether or not your company has a introductory period. Employees discharged for any reason during that period will generally not result in any unemployment claim charges to your account. Poor performers should be weeded out during or at the end of their first 90-days of employment in order to limit your unemployment liability on a claim.
Keep in mind the following:
If you have questions concerning these unemployment issues, contact Prestige Employee Administrators, Inc.
Request A Brochure
You Are Sick Or Injured Do You Still Have Rights To Unemployment
In order to receive unemployment insurance benefits, you must be physically able to work, available for work, and ready and willing to immediately accept work. If you arent healthy, you may be entitled to disability benefits. In fact, qualification for disability benefits are decided by the same EDD department as unemployment insurance.
If you arent healthy, you may be entitled to disability benefits.
Californias State Disability Insurance program provides short-term benefits if you have lost wages because you are unable to work due to an illness or injury. If you think you qualify, you should apply for SDI benefits until you recover. Then, you can apply for EDD benefits.
Read Also: Unemployment Benefits For 1099 Workers
Can My Employer Lay Me Off Without Any Advance Notice
The Worker Adjustment and Retraining Notification Act requires businesses that employ over 100 workers to either give their employees 60 days notice in writing of a mass layoff or plant closing. A mass layoff occurs under the WARN Act when either:
- at least 50 employees are laid off during a 30-day period, if the laid-off employees made up at least one third of the workforce or
- 500 employees are laid off during a 30-day period, no matter how large the workforce or an entire work site is closed down and at least 50 employees are laid off during a 30-day period.
If your employer fails to provide sufficient WARN Act notice, you may be owed the back pay and benefits that you would have earned during that 60 days as if the layoff had not occurred. There are many rules and exceptions under the WARN Act, so please see our Fact Sheet WARN ActMass Layoffs or Business/Plant Closings for additional information.
