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Northern California Employment Law Attorneys

Sacramento Unemployment Insurance Lawyer

Unemployment Insurance Assists California Workers

When a layoff or other unexpected event occurs that costs you your job, it can be some small measure of comfort to know that California offers some unemployed workers unemployment benefits. In California, the California Employment Development Department (EDD) administers the state’s unemployment insurance program. Employers throughout the state are required to pay taxes on the wages they pay to their workers. These taxes keep the unemployment insurance (UI) program solvent.

A California UI lawyer can assist you if you run into difficulties in applying for or receiving benefits. Call the Law Offices of Gay Carroll-Haring today at 916-443-3553.

Some Workers Are Not Entitled to Unemployment Insurance Benefits

There are two main types of workers who are generally unable to obtain UI benefits:

  • The first group includes those workers who voluntarily quit their positions. You would generally not be able to apply for and receive UI benefits, unless in situations such as a hostile work environment or workplace discrimination
  • The second group that is generally ineligible for UI benefits include those workers that are terminated from their employment “for cause,” such as misconduct or for violating the employer’s rules and policies ("misconduct" is a substantial breach of an important duty or obligation owed to the employer, willful or wanton in character, and tending to injure the employer.)

When the Employment Development Department Is Wrong, You May Pay

When you file for UI benefits, you provide information to the EDD that indicates you are eligible to receive benefits. The EDD may choose to verify the information you provide by contacting other individuals with knowledge about your most recent employment, including your employer. There is nothing to stop your employer from providing false or misleading information to the EDD. This can cause the EDD to deny your claim for UI benefits. For example, you may have left your employer thinking that your termination was just the result of a downturn in business, but when the EDD talks with your employer, your employer may allege that you were terminated for cause or that you voluntarily resigned.

Adverse Unemployment Benefits Can Be Appealed

If you receive an adverse decision from the EDD indicating you are not eligible for UI benefits, you do have a limited right to appeal this decision. It is important that you contact experienced unemployment insurance benefit counsel to help you gather the evidence you need to maximize your chances of succeeding on appeal.

Contact my office today by calling 916-443-3553 for a consultation. I may be able to assist you in obtaining the unemployment benefits to which you may be entitled.

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