Sudden and unfair termination of employment is an extremely stressful phase when you already have several liabilities to deal with. Fortunately, in California, employees who are fired wrongfully can benefit from unemployment claims. Familiarity with the rights and legal actions helps support your financial condition until you transition to a new job.
However, not every terminated individual qualifies to take advantage of Unemployment Insurance, and thus, it’s vital to understand the eligibility criteria for claiming benefits. Keep reading to educate yourself on everything from insights into wrongful termination and understanding, do you get unemployment if you get fired or not.
What is wrongful termination?
One of the mandatory requirements for receiving unemployment compensation is that you must have been terminated wrongfully.
Wrongful termination is when an employee is fired illegally, and the employee is not at fault. Here are some of the examples of wrongful termination:
- The termination was a part of the discrimination being done by the employer.
- The termination was not in compliance with federal or state labor law.
- It was an unfair consequence of an employee opposing, reporting, or refusing to tolerate the harassment.
- Due to denial of performing something illegal or something that compromises the safety of any kind.
- The violation of the termination policies of an organization is also considered wrongful termination.
If you have been unfairly fired for these reasons, you can file for unemployment allowance. However, if, as an employee, you broke the company policies, were involved in misconduct, or did any other unacceptable activity, it won’t be counted as wrongful termination, making you ineligible for the benefits.
How Does Unemployment Compensation Work in California?
California Employment Development Department (EDD) manages everything involved in regulating and enforcing unemployment compensation. The firm also decides whether or not someone qualifies for Unemployment Insurance (UI). Here are some requirements that individuals filing for claim must meet:
- The concerned person must have already made enough wages during the base period.
- The employee is partially or completely unemployed before applying.
- There has been no fault of the employee in the termination.
- Prepared to take on new roles and responsibilities, the individual is ready for immediate employment opportunities.
- The person is mentally and physically able to work and is available to be hired.
If all these requirements are fulfilled, EDD will allow you to take benefits following a wrongful termination.
Filing a Claim
To file a claim, you need to certify yourself by applying for certification through any of the modes: online, by phone, or by fax/mail. This certification includes answering basic questions regarding your previous employment, wages, and others to identify yourself as an eligible candidate for the payment. This certification must be renewed every fortnite to inform the authorities that you are still unemployed and eligible.
Many applicants would be asked to register for CalJOBS and create an online resume to help potential employers view their applications. This has to be done within 21 days of the Notice of Requirement to Register for Work (DE 8405) form. Failure to do so may result in loss of benefits or delayed payments.
The Payment Criteria
Once approved, you will receive about $40 to $450 weekly benefit (WBA). The exact amount depends on the base wages you earned during your employment. In the highest quarter of your Base Period, you should have earned $1,300. Additionally, your highest quarter earnings must be $900, with total base period earnings amounting to 1.25 times your high quarter earnings. The Base Period spans a 12-month, divided into four quarters, each lasting three months. Two options exist for establishing a claim: the Standard Base Period and the Alternate Base Period.
You can calculate the accurate allowance on EDD’s official website. A one-week unpaid waiting period has to be served before you start receiving UI payment.
Can I collect unemployment compensation if terminated while on disability?
If you are already getting benefits for disability under disability Insurance (DI), you are ineligible to receive the perks under UI. Also, if you are unable to work due to your disability, you might not qualify for UI, as it needs the person to be able to work and available to be hired immediately.
Get A Free Consultation With A Wrongful Termination Attorney
If these legal terms and rules feel complicated to you, you can rely on a wrongful termination attorney to assist you in making a claim. Lawyers deeply understand the entire process, the eligibility criteria, and every other complex element associated with the UI claim process.
They can help you with the cases of refused application or delayed payment. For instance, if the wrong information on your certification declares you ineligible for the claim, a professional will file a new appeal to clear out the inaccuracies.
Lay-off or job termination can become less burdensome if you know the right things to do. The good news is that the state offers unemployment benefits to individuals who have been unjustly fired, providing some financial support during the transition to a new job.
If you still feel trapped in the complications of the process, get assistance from our experienced lawyers by contacting us.