Unemployment Benefits

Updated on October 17, 2009
S.E. asks from Chino Hills, CA
4 answers

In California, are you eligible for unemployment benefits if you got fired from your last job?

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J.S.

answers from Los Angeles on

They had to have paid in to unemployment insurance, can't have been fired for misconduct, and hope to goodness that the employer doesn't dispute. Right now because there are so many people trying to collect it... they are tighter on offering. Tell your person to apply... they can do online and then they will be sent a letter in the mail with an interview time. Make sure they are present for that or they will be disqualified.

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J.M.

answers from Los Angeles on

Hi S.:
In answer to your question.Yes,your friend is entitled to collect unemployment benefits, in the State of California as A result of being terminated.It's A shame,that one can so easily be let go,after dedicating 20 years of hard work and loyalty to one company.This is why Unions began way back.Employers and management change hands so frequently,that they felt no remorse,regret in firing an individual who had been such an asset for so many years.Depending on the circumstances,surrounding his termination,he may want to speak to someone at fair employment,for wrongful termination.I wish your friend the very best. J. M.

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D.M.

answers from Los Angeles on

As I understand it, you have to be 'let go' from your job and have been employed by them for a minimum of 90 days to be eligible.

I worked for a company for only 78 days according to EDD and didn't get benefits even though I was laid off.

Best to do is to check out their website FAQ's.

http://www.edd.ca.gov/Unemployment/default.htm

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R.J.

answers from San Diego on

Typically...if you're fired, you have to appeal & fight both for a) the legality over which you were fired (many, if not most, employers look for ways to fire employees to avoid paying either unemployment or pensions...even if the "reason" is quasi-legitimate, or even completely legitimate... if the motivation is to avoid their legal obligations... the employee can and frequently does win), and b) for the unemployment benefits.

My sister was fired from the job she'd been at for 5 years, because of something that happened while. she. was. on. vacation. The companies standpoint was that she had given the "wrong person" the keys to the office. She had given them to her replacement, who would be needing to be using the office, instead of the area manager.

Having an advocate (either though the unemployment office, union, or a law firm -paid or probono type-), GREATLY increases your chanced of winning your appeal. Anyone who has worked for a company for 20 years is going to have some solid ground to stand on, regardless of the reason for which they were fired, that an advocate will be able to make very good use of.

My sister got an advocate through the unemployment office, on the advice of a friend who had fought on her own for 4 months before even finding out about advocates, and she received her first check 2 weeks later.

Something a LOT of people don't know, as well, is that you can call all of your creditors/utilities/etc. tell them that you've lost your job and ask to have your bills put on hold. Some will do it for the entirety of the time that you are with out work, most have a 3 month limit, and some won't do it at all...but anything you can put on hold, then gets paid off over time with your next bills. It's far far more effective to call the companies before you miss your first payment. If you've already missed a payment, what usually happens is that they'll agree to a payment plan, but won't actually put your bills on hold.
Best of Luck.

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