If you feel you've been unfairly or wrongly denied unemployment benefits are facing an appeal, call us at 888-762-0297 to discuss your case.
We can help clients in Los Angeles and everywhere else in California.
We do not charge for consultations.
What is Unemployment?
Unemployment is a state-run program designed to keep workers afloat financially when they lose their job. The benefits temporarily replace a portion of a former employee’s wages as a type of job insurance. Every state has its own unemployment benefits program, including qualifications. In California, requirements have become increasingly strict. An unemployment attorney in California can help you prepare and file your claim to give you the best chance of success.
Who Qualifies for Unemployment?
Qualifying for unemployment is an involved process with specific criteria. To be eligible, you must:
Be physically able to work
Be available for employment and actively looking
Have paid into unemployment insurance during the base period
Be unemployed or partially unemployed
In addition, you cannot be responsible for your own unemployment. For example, if you were fired from a job for misconduct, you may not qualify for benefits. In addition, if you voluntarily quit your job, you may not be entitled to unemployment benefits.
Can an Unemployment Claim be Denied?
Unemployment claims can be denied for a variety of reasons. Once you apply for benefits, the California Employment Development Department (EDD) will review your application and either approve or deny your claim.
Some of the most common reasons why unemployment benefits are denied include:
Refusing reasonable work: To maintain your unemployment benefit eligibility, you must continue to look for work. If a reasonable job offer is made, you are required to accept. What is considered “reasonable” varies by circumstance. An example of an unreasonable job offer may be where an unemployed heart surgeon is offered a handyperson position (and turns it down). However, if a hospital extends an offer that is congruent with the surgeon’s skills and experience, they must accept the position.
Voluntarily leaving or resigning: If you voluntarily become unemployed, you are not qualified for benefits. An exception to this can be challenging. In rare cases, if you have a particularly good reason for resigning, skilled unemployment lawyers in California can fight on your behalf.
Not paying enough into the program: Unemployment benefits are based on your earnings in the base period. The base period is typically 12 months. If you were paid as an independent contractor or if you are self-employed, you may not qualify due to earnings requirements.
Being terminated with cause: An employer may deny unemployment benefits if you were terminated with cause. Your claim may be denied if you were fired for misconduct. Careless mistakes and generally poor performance should not disqualify you from benefits. To be disqualified for misconduct, you must have exhibited negligent or intentional disregard for your duties. In addition, the disregard must have harmed your employer’s interests.
Knowing when to appeal an unemployment denial is important. An unemployment lawyer in California can discuss the details of your case to determine if you were wrongly denied.
Unemployment Appeals Process
If your unemployment benefits have been denied or reduced, and you believe you have grounds for an appeal, speaking to a knowledgeable unemployment lawyer is crucial.