Yes if there was no misconduct
While many people believe that being fired excludes them from California unemployment benefits, that is not always the case. Under California law, any employees who have left employment through no fault of their own and are actively looking for work remain eligible to receive unemployment benefits. As long as the employee has not engaged in any misconduct, he or she may collect benefits after losing a job due to:
- Layoffs. Employees who lose their jobs due to company cuts, reductions, mergers, or layoffs are not responsible for the loss of their positions, so they are eligible for unemployment.
- Termination. Employees who are terminated for misconduct cannot collect benefits. To qualify as misconduct, an employer must be able to show that you substantially breached one of your regular job duties and that your misconduct was intentional and informed. However, if you were fired because you made an honest mistake, were unable to adequately perform your job, or you weren't a good fit for the position, you should be able to collect unemployment as long as you are looking for work.
- Resignation or quitting. In most cases, people who quit their jobs are not eligible for unemployment unless they can show good cause for leaving employment. For example, employees who were facing illegal or unethical treatment by their employers (such as harassment, threats, discrimination, or a dangerous work environment) can collect unemployment if they attempted to resolve the situation before leaving their jobs. In addition, employees who need to relocate for family reasons or have pressing health or personal matters may be eligible for unemployment benefits.
How California Workers Can Get the Unemployment Benefits They Are Owed
Unfortunately, some employers will misrepresent the terms of an employee’s separation to prevent the employee from collecting unemployment. If you were denied unemployment on the grounds of misconduct or for some other inapplicable reason, you are within your rights to appeal the decision and collect your benefits. To learn more about taking action after unfair termination, browse through our articles or read through our free guide, The Ultimate Straight Talk Guide To Getting Your Hard-Earned Wages Back.
Disclaimer: Please understand these discussions and/or examples are not legal advice. All legal situations are different. This testimonial, endorsement and/or discussion does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter, your particular case/ situation and/or this particular case/ situation. Thanks, Bill Turley