Yes. You can receive unemployment benefits when you have been fired or laid off by your employer in California, unless your employer can show that you were fired for misconduct. Sometimes, you may not be able to receive unemployment if you have quit your job or been fired with cause. You can still apply for them, and will be contacted by the Employment Development Department (EDD) to determine if you’re eligible.
Filing for unemployment can be an upsetting proposition, especially because you will probably have just been fired and the feeling is still raw. No matter how difficult it is, you need unemployment benefits as a safety net for you and your family. That’s why it’s extremely important to understand how the unemployment process works in California, as well as whether or not you can receive them.
Dedicated California Unemployment Lawyers Offering Free Consultations
When you really need unemployment, Attorney Martin Gasparian and Maison Law will be there to make sure you can provide for your family while you look for other work. Our team of experienced, resourceful unemployment lawyers understand how the California unemployment process works and what you need to do to ensure you receive these crucial benefits.
If you would like to learn more about our various legal services, contact us today for a free consultation.
How Does Unemployment Work in California?
Unemployment benefits are the responsibility of the California Employment Development Department (EDD). The EDD manages and oversees the program, and is responsible for determining eligibility and providing payments.
If you’re like most workers, receiving unemployment benefits is an urgent need when you’ve been let go from your job. Because of this, the EDD has made the claims process fairly straightforward. When you file your claim, you’ll need to provide the following information:
- Personal identifying information, including your Social Security number
- Information on your most recent employer, such as the company name, address and phone number, as well as your supervisor’s name.
- The last date you worked
- Why you were let go
- Gross earnings in the last week you worked.
- Information on all employers during the previous 18 months, including details of the company, when you worked there, how much you earned and how many hours you worked per week.
While the EDD recommends you file your claim through their online portal, you can also file your claim via telephone or by visiting your local EDD office.
Once your claim is filed, the EDD will review your claim and will conduct a phone interview with you and your employer to determine if you are eligible for unemployment benefits.
Do I Get Unemployment If I’ve Been Fired in California?
Generally speaking, you can receive unemployment when you’ve been fired in California, unless your employer shows that you were fired for misconduct on your part.
You can also receive unemployment benefits if you meet the following requirements:
- You’ve been separated from your employment or had your hours reduced through no fault of your own.
- You’ve worked in California during the past 12 months (or longer in some cases),
- You meet the EDD’s minimum earnings requirements, either $1,300 during your highest paid quarter or $900 in your highest paid quarter and at least 1.25 times your high-quarter earnings during the entire base period.
- You’re physically and mentally able to work.
- You’re actively trying to find work during each week you are receiving benefits.
How Long Will My Benefits Last?
Unemployment benefits last for a total of 26 weeks, and can either be issued continuously or intermittently. In addition, you’ll need to “recertify” your eligibility every two weeks. If you fail to do so, you will not receive benefits until you resubmit your information. Furthermore, if your information changes between filing, you may lose your eligibility.
How Will I Get My Payments?
After your claim is approved, your initial benefits payment will be issued on a debit card that the EDD will mail to you. From there, you can opt to keep receiving your payments via this card or you can request that your payments be issued via direct deposit.
Is the EDD’s Determination of My Unemployment Eligibility Final?
No. Even if your initial claim is denied, you have the right to appeal the EDD’s decision. Procedurally, you have to file your appeal by mail within 20 days of the EDD’s determination decision.
While it’s not a requirement, you are certainly allowed to have one of our lawyers represent you during the appeal process.
After the EDD receives your appeal, they’ll reexamine your claim. If they find you should have received benefits, you’ll get a notice from the EDD confirming that. If they uphold their original decision, your appeal will be forwarded to the Office of Appeals.
Once your appeal reaches this office, they will schedule a hearing with an Administrative Law Judge (ALJ).
At the hearing, the ALJ will:
- Examine both you and your employer with questions
- Listen to testimony
- Review documents
Once the hearing is concluded, the ALJ will issue a written decision on your claim. If you win your appeal, you don’t have to do anything further and you will begin receiving unemployment benefits.
If the ALJ decides against you, you have another 20 days to file an appeal with the Appeals Board. Ordinarily, the Appeals Board won’t consider new evidence, but you can still make a request to them to show any evidence that you haven’t presented previously.
Lastly, If wish to appeal the decision of the Appeals Board, can file Writ of Mandate with the California Superior Court within six months.
Contact Experienced California Unemployment Lawyers
At Maison Law, we know how vital unemployment can be to you and your family. We also know that the process isn’t easy and can be intimidating to face on your own. Our team of experienced and dedicated California unemployment lawyers take pride in their ability to help you navigate this complicated process, making sure you have what you need to land on your feet and get to your next job. To learn more about how we can help you, contact us today for a free consultation.
