How to Collect Your Unemployment Benefits in California

Good news is on the forefront. According to Reuters, the U.S. House of Representatives voted on September 22 to extend jobless benefits for those who risk exhausting them.

Idled workers are typically eligible for up to 26 weeks of payments to cover expenses as they look for another job. Some workers are now eligible for up to 79 weeks of unemployment benefits.

The extension of benefits bill, if passed, would extend benefits by 13 weeks in states where the unemployment rate is above 8.5 percent. This extension would include California’s unemployed, where the unemployment rate was 12.2 as of August 2009.

In California, unemployment benefits are granted in the event of layoff or downsizing, or other limited circumstances. If an employee simply quits a job, and there are no extenuating circumstances, i.e. documented harassment, documented violence in the workplace, it is likely that the employee will not be awarded unemployment benefits.

California Unemployment Insurance Code 1256, reads, inpart:

An individual is disqualified for unemployment compensation benefits if the director finds that he or she left his or her most recent work voluntarily without good cause or that he or she has been discharged for misconduct connected with his or her most recentwork.
In addition, if an employee is terminated for willful misconduct, that employee may also be ineligible for unemployment benefits. I have seen on more than one occasion, an employer “blackball” an employee they wish to terminate in order to possibly avoid a potential wrongful termination lawsuit and unemployment insurance.

Strategy:

1. If you are an employee, and believe you are being “railroaded” and on the way to being terminated or were terminated for what your employer deems “misconduct,” it is important to gather witness statements and other evidence to refute the employer’s contentions.
2. You should have these witness statements and other evidence readily available for your hearing with the Employment Development Department.
3. Should you not win your unemployment insurance hearing, you do have the right to appeal, however appeals are difficult, and must be filed timely.

If you feel that you have experienced wrongful termination or feel you are the victim of discrimination, it is important to talk to a California labor law attorney  to find out what your options are. Keep in mind that there is a statute of limitations to file your claim and protect your rights.