Employment Law

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Filing for Unemployment

After a person has either quit their job, or have been terminated from their employment, many people may begin to think about filing for unemployment. What are employment benefits? Unemployment benefits are cash payments made by the state or other authorized offices to unemployed people. Benefits can be based on required Para-Governmental Insurance Company and can be paid out depending on the court ruling and the status of the person’s reason for leaving the employment. The total amount of the benefit may vary depending on the amount of time a person has worked in a year. Unemployment benefits are generally given only to those registering as unemployed, and often on conditions ensuring that they seek work and do not currently have a job.

If someone was fired, would they have unemployment benefit rights?

The employee would only have a claim if they employee could prove wrongful termination, if they had an employment contract or there was a company policy that gave the employee job protection and the employer violated that contract or policy. However, in most situations, employment is considered “at will” that means that the employer can terminate their employee for any reason without notice or warning as long the employee is not protected under employment discrimination laws.

When filing for unemployment can someone request for a copy of their employee file, and do they have to state a reason for wanting this?

The employer is not legally required to provide the employee with a copy of their file. In some situations at the time of the unemployment review the employee that is filing for an administrative hearing, can subpoena a copy of the employment file from the employer, and the employer will need to provide this information.

If someone was fired from one location, but worked at both locations, will they be entitled to unemployment benefits?

If the same owner owns both locations, it will not make a difference whether an employee works at one or both locations, the eligibility requirements for unemployment will be the same. Unless you have a written contract of employment with your employer, you are considered an employee-at-will. At-will employees may be terminated for any reason, they can have their hours or pay decreased and they can suffer a cut in their benefits, so long as it's not illegal or discriminatory. Generally, employees who work under an employment contract can only be terminated for reasons specified in the contract.

After filing for unemployment how long does the employer have to appeal the benefits?

There is no set time limit for the employer to appeal the eligibility of the employee for unemployment benefits. Sometimes the employer doesn’t even know that benefits were granted until they are notified that their Unemployment Insurance taxes have been increase because of the benefits paid to the previous employer. With that being said it can be months until a challenge is made. The employee has the right to appeal the denial or request for repayment. If they were terminated, then the employer must show that they were terminated for misconduct. If they just quit then the employee would have to show that it was for a good cause.

In the state of California when filing for unemployment, can someone get fired for talking derogatory about the company they work for?

Unless the employer and the employee have written a contract of employment, they are considered an employee at will. This means that there is little protection for employees and termination. In the state of California, employees are assumed to be at will. At will employees can be terminated for any reason, have pay decreased, and cut in their benefits, as long as it’s not discriminatory. Normally, employees that work under an employment contract can only be terminated for reasons stated on the contract. Illegal discrimination would include an employer to discriminate against a person’s ethnicity, color, religion, national origin, gender or disability.

Unemployment benefits are normally given to those that have filed as unemployed, and many conditions guarantee that they are looking for work, and do not currently have a job. When requiring answers on how to file for unemployment contact an Expert, Experts offer insight and many answers relating to the employment laws.
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