Employment Law

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My question is, I was let go from a company in May 2017

Customer Question
My question is, I...

My question is, I was let go from a company in May 2017 filed for unemployment and been on unemployment for about 6 months. When fling for an extension the unemployment office said that all my funds were sent to disability insurance and not unemployment insurance there I am not or can not be eligible for unemployment insurance. Is this the proper way to push ones own benefits per the company decision. Im not sure.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

California

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

I was fired due to a miscalculation in the billing to the Customer in which I don't not bill to, Finance does, however I was let go. This is a "at will" company and union with fulltime work for 8 years, my union did NOT represent me in any ways nor did they even know I was let go.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

This Union has never supported or had any engagements on any decisions per voting. and this happened not only to me but to another coworker.

Submitted: 4 months ago.Category: Employment Law
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Customer reply replied 4 months ago
This seems to be an issue with in the Company in which misfiled my insurance benefits. After I was fired there was refusal to provide my personal file as well as refusals to payout claims in unemployment benefits. Now after talking to unemployment representative I was told that the Company I worked for moved all my benefits to Disability Insurance. This is my issue, now I cant claim insurance benefits after working for 6 years there.
Answered in 37 minutes by:
12/4/2017
Employment Lawyer: Law Educator, Esq., Attorney replied 4 months ago
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 123,239
Experience: 20+ Years of Employment Law Experience
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Please feel free to ignore any phone service request, the expert does not send those unless asked by customer and they are sent by the site automatically.

No, the company was responsible for paying your unemployment insurance. So you need to file an appeal and you need to use an attorney on your appeal which will significantly increase your chances. You must file the appeal by the date on your denial letter and if you use an attorney they will charge you nothing up front and will take generally about 20%-25% of the benefits they win for you.

The employer is liable for paying unemployment and disability and workers compensation on employees, they cannot escape liability by claiming it was paid to the wrong place, so you need to file an appeal.

You also could sue them for a declaratory judgment for them not turning over your file as required by state law as well.

You need to file the appeal and pursue them, if your appeal is denied, you can pursue the matter over into the Superior Court for the employer not properly paying benefits as required by law.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 123,239
123,239 Satisfied Customers
Experience: 20+ Years of Employment Law Experience

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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