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Brandon, Esq.
Brandon, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 1952
Experience:  Has received a certificate of recognition from the California State Senate for his outstanding legal service.
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I was just given an agreement from my employer to end my employment.

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I was just given an agreement from my employer to end my employment. I was not "fired" but terminated for "personal" reasons. What reason do I put on my application for unemployment insurance when the employer states he will not contest the application?

Employment-LawExpert :

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Employment-LawExpert :

You can simply say you were laid off and that should sufficient.

Employment-LawExpert :

Welcome to the chat

Employment-LawExpert :

To receive unemployment all you have to do is make an argument that you lost your job through no fault of your own

Employment-LawExpert :

Thus, if you are "laid off" or if you are fired because you were not a good fit, or for any other reason that does not constitute misconduct you will receive benefits

Employment-LawExpert :

Does that make sense?

Employment-LawExpert :

and the first line should have read should be sufficient.

Customer:

Would "Terminated without cause" mean the same thing? The employer said when asked he would tell the truth, but I was terminated due to a misunderstanding with another employee. I am the only deaf employee there and they do not understand that deaf people make noises they cannot hear themselves, so the other employee said they were scared. They are offering me a good agreement to leave.

Employment-LawExpert :

Terminated without cause would mean the same thing and you would likely get benefits. That being said, if you were terminated for being deaf (as it appears you were) then it is possible that you have a discrimination lawsuit against this employer which may be something you may want to consider looking into.

Employment-LawExpert :

When I say likely, I should clarify. By default, you would be granted benefits for that statement. However, if the employer decided to fight it, you would only be denied if the employer was able to prove that you substantially breached some duty that you owed to the employer

Customer:

If I sign the agreement, I agree not to sue. Lawsuits can be difficult and expensive to get done.

Employment-LawExpert :

Very true. Though, many employment attorneys do take cases on contingency which means that you pay nothing out of pocket. However, you are right that lawsuits are a prolonged process that can be frustrating. If they are offering you severance, it may be worth signing to not have to deal with the hassle of a lawsuit. I just wanted you to know that you had rights in this situation.

Customer:

Thank you for your help. I shall have to give this some consideration.

Employment-LawExpert :

Not a problem. I hope I have provided you excellent service. Before you go, please do not forget to take the time to rate my answer as one of the top three faces as this is how I receive credit for my time with you.

Brandon, Esq. and other California Employment Law Specialists are ready to help you

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