California Employment Law
California Employment Law Questions Answered by Legal Experts
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First, let me say that I am terribly sorry to hear that you are in this situation. Concerning your question as to whether or not you pay into unemployment, your employer is required to pay their quarterly unemployment insurance taxes by the quarterly due date, four (4) times each year. Accordingly, even though you personally do not pay into unemployment, you would be covered by unemployment if you are a W2 employee.
Concerning your question about whether or not you can receive unemployment, things get a bit trickier.
To receive unemployment, you must prove that you lost your job through no fault of your own. Under Section 8-1001 of the Labor and Employment Article, a claimant may be disqualified from receiving unemployment insurance benefits if he voluntarily quits his employment. However, in Allen v. CORE Target City Youth Program, 275 Md. 69, 338 A.2d 237 (1975) an exception to this rule was created.
The exception states that you can still receive unemployment, as long as you can show that you voluntarily quit your job for something that would constitute "good cause"
The case additionally states that if you quit for valid circumstances, even if it does not constitute good cause, a penalty consisting of a delay of payments for five to ten weeks will be imposed, however, you will still ultimately receive benefits.
Generally speaking, if you were being harassed or discriminated against, this would constitute good cause.
While there is no set definition as to what constitutes good cause or valid circumstances, here is a website which lists out numerous examples of what could constitute good cause.
Finally, as long as it has not been over a year since you quit your job, you can, and should, file for unemployment.
While your eligibility does not begin until the week you file your claim, you would still be eligible.
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