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Lucy, Esq.
Lucy, Esq., Attorney
Category: California Employment Law
Satisfied Customers: 30168
Experience:  Lawyer
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I am on ca state after being fired from a

Customer Question

I am on ca state long after being fired from a job so I have to claim unemployment from the emolouer who fired me
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Ca
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you think the lawyer should know?
Customer: No
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Lucy, Esq. replied 1 year ago.


I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that you were fired.

Unemployment benefits can only be claimed for the current week. The state will not process retroactive payments - they only date the claim back to the beginning of the week in which it was filed. For that reason, it's in a person's best interests to file for unemployment as soon as possible after a job ends.

A person cannot collect disability and unemployment at the same time. This is because unemployment says "I am physically capable of working but unemployed through no fault of my own," and disability says "I physically cannot work." It's impossible for a person to meet the requirements of both services. Should you become able to work yet unable to find work, then you could seek unemployment for any week after your disability claim terminated that you were looking for work and unable to find it.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Customer: replied 1 year ago.
I dont uderstand...ur saying ue benefits must be claimed the week I was fired
Expert:  Lucy, Esq. replied 1 year ago.

Yes, that's right. Unemployment benefits must be claimed weekly, starting with the week you first aren't working. The state doesn't allow people to go back in time after the fact.

Customer: replied 1 year ago.
Is this a recent change...a few years ago I was on state disability for 50 weeks then claimed 24 or 26 weeks of unemployment benefits
Expert:  Lucy, Esq. replied 1 year ago.

You claimed unemployment for the 50 weeks that you were receiving disability?

Expert:  Lucy, Esq. replied 1 year ago.

The state can extend the time for filing for "good cause." They do not advertise what that time limit might be, because they really want people to file immediately. But you can request an extension to the time to file if one of the following applies to you:

(1) Failure on the part of the employer with respect to partial unemployment benefits to comply with any of the provisions . . . for work.

(2) His or her employer warned, instructed or coerced him or her to prevent the prompt filing of such claim, or his or her registration for work.

(3) He or she reasonably relied on misleading, incomplete, or erroneous advice given to him or her by personnel of the department, or relied on the failure of the department to perform an affirmative duty to provide advice reasonably necessary for the protection of his or her rights and the understanding of his or her duties relating to the claim or registration for work. Reliance is reasonable if all of the following conditions exist:

(A) He or she acted reasonably in informing the department of pertinent facts and of the need for specific advice as to his or her rights and duties.

(B) The department’s advice was intended by the department to be the basis of his or her conduct or he or she reasonably believed the advice was so intended, or he or she reasonably relied upon the department which failed to provide advice reasonably necessary to the protection of his or her rights or the understanding of his or her duties.

(C) He or she was not aware that the department’s advice was misleading, incomplete or erroneous, or through no fault or inexcusable neglect on his or her part was not aware of the true information concerning his or her rights or duties.

(4) Failure by the department to discharge its responsibilities promptly . . .

(5) Compelling reasons, or circumstances which would prevent a reasonable person under the circumstances presented from filing the claim or registering for work. Depending on the circumstances, this can include illness or injury of the claimant or any member of the claimant’s immediate family, a job interview, working, lack of transportation or the unavailability of mail service for a claimant in a remote area, a natural catastrophe such as an earthquake or a fire or flood, . . . or compelling personal affairs or problems that could not reasonably be postponed such as an appearance in court or an administrative hearing or proceeding, substantial business matters, attending a funeral, or relocation to another residence or area.

(6) The department assigned a claim filed to the wrong program.

(7) Mistake, inadvertence, surprise or excusable neglect. However, "good cause" does not include negligence, carelessness, or procrastination, in the absence of circumstances excusing these causes for delay.

Customer: replied 1 year ago.
Pls reread what I said
Customer: replied 1 year ago.
This is overkill and not an answer to a simple question ...sorry I will try another source
Expert:  Lucy, Esq. replied 1 year ago.

The answer is, you have to apply and request an exception.

I apologize that this is not a simple question with a simple answer. I would certainly prefer to give a simple response if I could.