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Category: Legal
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can a temp-employee collect unemployment after being laid-off

Customer Question

can a temp-employee collect unemployment after being laid-off? I was hired as a temp 9 months ago, with a possibility of a permanent status once a position opened up. Even though new employees came and hired on a permanent basis, they kept me on as a temp-employee without offering or placing me in a permanent position. After repeated enquiries about my status from my supervisor the answer came that I will be terminated along with the seasonal temp-employees in two-days time without any advance notice, a letter of termination which all the rest temp employees have received. Can an employer legally terminate someone without notifying them in advance of such an action? Is there anything I can do to make them see their unjust ways?
Submitted: 8 years ago.
Category: Legal
Expert:  LADYLAWYER replied 8 years ago.



If you were on your employer's payroll, even as a temporary employee, then you are eligible for unemployment insurance unless a "disqualification" applies. There are three basic disqualifications from unemployment insurance eligibility: (1) the employee quits without good cause; (2) the employee is fired for misconduct connected with his or her work; or (3) the employee commits fraud in the application for unemployment insurance benefits. "Misconduct" is defined by the statute to include conduct such as theft from the employer, gross neglect of duty or absenteeism due to use of intoxicants on the job, or battering another employee. An employee who is fired for making credible threats of or engaging in workplace violence would probably not get unemployment insurance benefits. If none of these disqualifications apply to you, then you are eligible for unemployment. Please click ACCEPT so I know you got my answer and so I can get credit for helping you. We can continue our conversation after this at no additional charge. Thanks!



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Customer: replied 8 years ago.
Thank you for the answer to my first question. If you could be kind enough to answer the rest of questions in my text, I would be very greatful.
Expert:  LADYLAWYER replied 8 years ago.



CA is an at-will state. That means, an employee can be terminated at any time for any reason. Additionally, your employer has the right to determine who he hires and who he doesn't, as long as he is not discriminating against you due to reasons such as your sex, age, race or religion, etc. Unless you feel he did not hire/promote you for one of those reasons, I am afraid there is nothing you can do legally. Please let me know if you have any additional questions and I will be happy to answer them. Thanks.