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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 4827
Experience:  Extensive experience representing employees and management
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Can you collect unemployment if you had an accident on company

Resolved Question:

Can you collect unemployment if you had an accident on company property and no one was hurt!
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Joseph replied 2 years ago.
Hello and welcome to JustAnswer.

I'm sorry to hear about your situation and hope I can help.

Were you terminated as a result of the accident on company property?
Customer: replied 2 years ago.

The accident happen on July 4th no bosses were there that day so my team leader had make a report and sent it HR. HR will talk to me July 9th Monday. I'm 63 on the company is under a lot of finanical pressure.


The company has stated they want to change from "Old School to New School" I have been have been working at the same plant for 36 years


as of July 6 2012. But that is not a plus with the new thinking of the current owners. I'm on good terms with them. But i don't expect any mercy at this time because of the companies current finanical situation.


 

Expert:  Joseph replied 2 years ago.
In order for you to be eligible to receive unemployment benefits you need to be terminated 'through no fault of your own.'

You are presumptively entitled to unemployment benefits, and your employer would need to be able to demonstrate that you were terminated for 'misconduct' for you to be denied unemployment benefits.

Misconduct contains the four elements below:

  • The claimant owes a material duty to the employer under the contract of employment.
  • There is a substantial breach of that duty.
  • The breach is a wilful or wanton disregard of that duty.
  • The breach disregards XXXXX XXXXX's interests and injures or tends to injure the employer's interests.

You can read more about the definition of misconduct here:


http://www.edd.ca.gov/uibdg/Misconduct_MC_5.htm#DischargeforMisconductConnectedWithMostRecentWork

 

Your employer would need to demonstrate that the accident that occured was 'your fault' and that you wilfully or wantonly disregarded your duty to the employer in causing the accident in order for you to be denied unemployment benefits.

 

Additionally, if you believe that your termination is due to discrimination based on age, since you are 63, and have been employed at the same plant for 63 years, you should file a complaint with the Equal Employment Opportunity Commission for discrimination in violation of the Age Discrimination in Employment Act.

 

You can file a complaint using the instructions available online here:

 

http://www.eeoc.gov/employees/charge.cfm

 

The EEOC will investigate your complaint on your behalf and either file suit on your behalf or issue you a right to sue letter so you can pursue your claim against your employer through a private attorney.

 

 

Joseph, Lawyer
Satisfied Customers: 4827
Experience: Extensive experience representing employees and management
Joseph and 2 other California Employment Law Specialists are ready to help you

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