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Unemployed Insurance Law

What is unemployment insurance? Unemployment insurance is given to individuals who have lost their jobs. It acts like a temporary source of income till the individual gets another job. However, the individual has to be terminated by his/her employer in order to be eligible for unemployment benefits. It can be difficult for people to understand the legal aspects involved in unemployment insurance and the laws that govern it. Given below are some of the important questions about this insurance that have been answered by the Experts.

Can an individual get denied unemployment insurance if he/she was fired from his/her job?

An individual may be denied unemployment insurance if he/she was fired. When the individual applies for unemployment insurance, the agency may contact the employer and if the reason given by the employer disputes the individual’s claim, the individual may be denied unemployment insurance.

What is the penalty for unemployment insurance fraud?

If an individual is convicted of insurance fraud as a misdemeanor, the individual may face up to one year in a county jail and may have to pay a maximum fine of $20,000. If the individual is convicted of the fraud as a felony, he/she may have to face up to 16 months of imprisonment in a state prison and a maximum fine of $20,000.

What can an individual do if his/her ex-employer appeals the unemployment claim stating that he/she was terminated due to taking personal time off?

If the ex-employer appeals an individual’s unemployment claim stating he/she was terminated for taking personal time off work the individual may go to the hearing and explain to the court as to why he/she needed to take the time off.

Can an individual collect unemployment in the state of California if he/she takes up a temporary job in another state?

An individual may not be eligible to collect California unemployment benefits even if he/she gets a temporary job in a different state. The individual may have to inform the Employment Development Department (EDD) about his/her job. The individual may also have to reimburse any amount that he/she may have received as benefits when he/she was employed.

Can an individual receive both unemployment and state disability insurance at the same time?

An individual may not be able to receive both unemployment as well as disability insurance at the same time. The individual may apply for state disability insurance when he/she is disabled and cannot work and reapply for unemployment when he/she recovers from disability and is able to look for work.

Can an individual in New York apply for unemployment and go to a different country to look for a job?

It may be illegal for an individual to apply for unemployment in New York and travel to another country to look for a job. He/she may inform the labor department of the state that he/she is going out of country and may request for a temporary suspension of benefits. He/she may reapply when he/she gets back to the state.

Would an individual be eligible for unemployment if he/she takes night classes?

An individual may collect unemployment if he/she is taking night classes as long as he/she is sure of keeping a full time job during the day. However, his/her benefits may be delayed if he/she informs the department about the classes as the EDD may want to interview the individual to ensure that he/she will be able to undertake a full time job in spite of the classes.

Whether you are an employer or an employee who has just lost his/her job, understanding the different rules and regulations that govern unemployment benefits in your state can be difficult. In such situations, you may seek the help of an Expert and get all your doubts clarified.

Ask a Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8603
Experience:  JD, BBA Over 25 years legal and business experience.
4460311
Type Your Legal Question Here...
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    Rate the answer you receive.

Lawyers are online & ready to help you now

Tina
Lawyer
Satisfied Customers: 8436
JD, BBA Over 25 years legal and business experience.
Ely
Counselor at Law
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Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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25 years of experience helping people like you.

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