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What To Do If You Lost Your Job in California?

Updated: Oct 5

What Do You Need To Know About Wrongful Termination And Unemployment In California?

Losing your work is a life-changing event. Your life is about to change dramatically, whether it was lost due to wrongdoing or a loss of business within the company resulting in them lowering their jobs. You could be stressed and sad if you have lost your work for some cause. These are normal reactions, and many people may feel as if they have lost their identity due to losing their work.

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A difficult job market compounds the loss of a job, and trying to adapt your expertise to what is available will add to the difficulty of the situation. It's time to think about how you'll keep getting money to support yourself and others who rely on you. The logical next move is to start applying for unemployment compensation.

How Do I Know If I'm Eligible For Unemployment Benefits??

You must have missed wages or work due to no fault of your own to be eligible for unemployment benefits in California. If you've been laid off from your job due to a lack of employment, you may be eligible for compensation. You may also be eligible if you've been fired or left your job. The following are some of the most common reasons people apply for unemployment benefits:

  • Being fired- Being fired from a job because you lack the skills to perform the requisite duties or simply because you didn't fit into the role, despite the fact that the employer believed you would still qualify for benefits. You would be disqualified for compensation if you were dismissed for misconduct.

  • And if you were laid off due to RIF (reduction-in-force) or the company was forced to downsize due to economic reasons, you are still eligible for benefits.

  • If you leave your employment, you must have a compelling reason for doing so. A good reason is that a rational person who wanted to work would have provided the same situation.

  • If you've been temporarily unemployed or if your work hours have been cut to a very low level, you might be eligible for unemployment insurance payments (UI). There are basic requirements that you must meet and prove. You must be looking for work during the period you are receiving benefits.

  • If you've applied for compensation and been turned down, you can seek legal advice. You'll need the help of an experienced California Unemployment Lawyer to get more facts and guide you through the process so you can get the benefits you deserve.

How to Apply for California Unemployment Compensation?

  • The California Workforce Development Board (CWDB) is in charge of the state's unemployment insurance program. You may apply for these benefits over the internet, but be prepared to wait a long time. Some customers claim to have been on hold for hours before speaking with an operator.

  • On EDD's website, online applications are accessible and provide a much faster operation. You can use a computer at a nearby library or community center if you don't have one. Gather all of the details you'll need to fill out the forms before you start the application process. This is EDD's checklist to make sure you have all of the necessary documents:

  • Your previous employer's records, including the business name, address (both physical and mailing if applicable), phone number, and name of your previous supervisor.

  • What was the last time you worked, and why are you no longer employed?

  • Your total earnings for the previous week. The week begins on Sunday and ends on your last day of work.

  • A list of all the companies for which you've served in the last eighteen months.

  • Company names, emails, and phone numbers should all be included on the registry. The list should also include the dates you worked for each company, the total amount of money you got, the number of hours you worked for each company, and how much you were paid per hour. Including the reason, you are no longer employed by any of the companies on the list.

  • Unemployment Insurance Notice to Federal Employees (Standard Form 8)

  • If you're an ex-military member, you'll need a copy of your DD 214.

You'll need information from your work authorization document to determine your citizenship status, or if you're not a resident, you'll need information from your passport.

Before you begin the application process, make sure you have this information on hand. EDD may contact you for a phone interview after completing the application and submitting it to them. You would not be intimidated by a phone call since it is common practice. You should be prepared to justify how you lost your job or why you are no longer employed when they call. You should also be able to demonstrate that you are actively looking for jobs. Keep track of the positions you've applied for, including the dates and companies' names.

What Options Do I Have If My Unemployment Benefits Are Denied?

You have the right to appeal a rejection of unemployment compensation in California. If your appeal is successful, you will be awarded the benefits you are entitled to, as well as retroactive sums back to the date your original claim would have begun. If you have been refused unemployment insurance in California, contact an Employment Lawyer in Los Angeles who is familiar with the state's unemployment laws to ensure you get the benefits you deserve.

Possible Reasons For Denied Unemployment Benefits

If your unemployment benefits are rejected, you will receive a Notice of Determination from the California Employment Development Department (EDD). You will be informed that your application for benefits is denied and details on how to appeal the decision.

Your earnings were insufficient to satisfy the minimum criteria. To be eligible for benefits in California, you must have earned a certain amount of money in the previous twelve months, referred to as the 'foundation era.'

You would not be able to claim unemployment insurance if you quit your job. You must have been laid off due to no fault of your own, and voluntary resignation is not a valid excuse to be considered for unemployment benefits. Before you are eligible for unemployment insurance benefits in California, you must have fair justification or valid personal or work reasons that would cause someone who actually wished to keep their job to resign before you are eligible for benefits under this policy.

  • If you are dismissed from a job because of your own wrongdoing, you will be ineligible for unemployment insurance under California law. According to a strict description, misconduct is described as a violation of a material obligation owed to your employer. You would have had to act in a way that demonstrated a deliberate or careless disregard for your responsibilities. These activities would have damaged the employer's interests on purpose. Misconduct is usually not regarded or qualified as making a mistake, being reckless, or having a bad performance record.

  • If you refuse to look for new work, you will lose your unemployment insurance. When obtaining funds from this scheme, you must search for new and suitable jobs. If appropriate job offers are made to you, you are also required to accept them.

  • If you have been denied unemployment benefits and believe the decision was not made fairly, contact a California Employment Lawyer who is familiar with California law governing this program. You are entitled to benefits for being out of work as well as the financial assistance you need to survive when you search for new work. As you focus on finding a suitable career, an Employment Attorney will direct you through the process and do the legal work.

Working Availability

To keep getting unemployment benefits, you must be able to work, look for work, and be willing to consider a new job when one is offered to you. You must be able to demonstrate and certify that you have been actively looking for jobs. Keep track of all employers you've asked for job openings, as well as the dates you spoke with them. Make a note about what happened when you confronted these companies.

California Unemployment benefits are intended to provide a temporary safety net when you look for work. It's designed to keep you afloat financially as you pound the pavement in search of a suitable replacement job. You must be a 'workable' candidate.

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What Does 'Able to Work' Really Mean?

To be considered 'able to function,' you must be psychologically and physically capable of doing so. You are not eligible for unemployment insurance if you are disabled by an accident or disease that prevents you from accepting or doing jobs. If you are impaired and can still do a job with adequate accommodations, this is an exception.

The 'ability to function law differs by state. States take different approaches, with some allowing employees who are unable to work due to sickness or injury to receive unemployment insurance as long as they do not refuse work during that time.

Is it necessary for me to be fully jobless in order to receive unemployment benefits?

Some people believe that in order to qualify for unemployment insurance, they must be fully jobless. You could also be eligible for unemployment benefits in California if you are still working part-time, depending on your circumstances and earnings. In California, there are many services that can provide you with partial unemployment insurance. This benefit would reimburse you for a percentage of what you would have received if you were unemployed entirely.

During any week in California, a person is considered 'unemployed' if their daily income, minus 25%, or $25, is less than what you can receive as a weekly unemployment benefit. In deciding this status, they use the lower of the two amounts: $25 or 25%. You will get a check for the difference if you apply in this case and satisfy all other unemployment insurance criteria.

How Do I Know If I Was Wrongfully Terminated in California?

In the state of California, employees are normally hired 'at will.' This word refers to the fact that your employer has the right to fire you at any time for any cause. If you are laid off due to a lack of employment, the process is legal; however, the employer must follow strict guidelines to provide you with notice.

If your employer breaks a particular law or regulation, it is illegal to fire an employee, even an 'at will' worker, in California. This clause states that you cannot be fired because of your sexual orientation, gender, age, race, or any other form of discrimination. If you believe your employer has broken the law, contact the top California Employment Lawyer who will make sure you are paid for being fired illegally.

How To Appeal If You've Been Denied Unemployment Benefits?

If you have been refused unemployment benefits, you have twenty days to file an appeal with the California Workforce Development Department. Consult an Employment Attorney in Los Angeles for guidance to ensure you are taking all of the appropriate measures to ensure a proper outcome in your case. The only way to file an appeal is to mail it to the address listed on your decision notice.

Your reasons why you believe you should receive the benefits should be used as part of your appeal. If you were fired and the determination states that you are not entitled to compensation, this is an example of this expression. When you provide evidence that your termination was due to a medical condition that led to a doctor recommending you to stop doing that form of work or face adverse health consequences, you will demonstrate that it was not a reasonable dismissal. If your employer refuses to accommodate your request for fair accommodations or a work transfer, you will be entitled to appeal the decision.

You will have an easier time negotiating with the court of appeals on this matter if you have the assistance of an experienced legal representative. A California Employment Lawyer familiar with California employment laws will assist you in gathering the necessary documentation for a successful appeal. You can ask your Unemployment Lawyer In Los Angeles for any confusion on the matter.

  • When you are challenging the rejection of your insurance, you must continue to file weekly unemployment claims, look for work, and keep track of all your job searches and contacts. If you win your appeal, the benefits you should have received will be retroactive to your filing date, and you will receive the full benefits to which you are entitled.

  • When the EDD receives your appeal, they will investigate your case and see whether you are eligible for benefits. Having the best employment lawyer by your side would ensure that you give the correct paperwork to the EDD so that they can make an accurate assessment of your case. If the EDD office determines that you are not eligible for unemployment benefits, your file will be forwarded to the Office of Appeals.

You will be scheduled to appear before an Administrative Law Judge by the Office of Appeals. You'll be told when the hearing is scheduled, as well as where it will take place, whether you'll be required to testify in person or over the internet, and how to provide the necessary evidence and witness testimony.

  • During the hearing, the judge will ask you questions, review your documents, and make a decision on your appeal. It is recommended that you attend the hearing with an Unemployment Attorney in Los Angeles because company lawyers will represent your employer, and it is in your best interests to have representation as well. Having an employment lawyer assist you in the appeal process will give you a better chance of a favorable outcome at your hearing. Attorneys will cross-examine witnesses, assist you in sorting through facts that would be most useful in your case, and make legal reasons about why you should be given unemployment benefits.

  • You should be prepared to show the judge all of the documentation that supports your claim for unemployment compensation at the trial. If you've been dismissed, you'll want to be able to demonstrate that it wasn't because of misconduct. You should also have any witnesses who can back up your story available and willing to testify.

  • You should be on time for your trial, with all supporting documentation in hand and with your