www.CalJobLaw.com - California Employment Law Information and Links
UNEMPLOYMENT BENEFITS
An employee's eligibility for unemployment benefits is not automatic and can be contested by the employer. Similarly, a denial of unemployment benefits can be contested by the employee. Generally, disputes over eligibility arise in two areas. The first is whether the termination of the employee was through no fault of the employee. If the employee is laid-off or downsized, for example, it is generally not the employee's fault. If the employee is terminated for misconduct, on the other hand, fault could be placed on the employee and unemployment benefits denied.
Another area of dispute arises when the employee resigns. Generally when an employee quits they are not entitled to benefits. In certain circumstances, however, an employee can resign and still be entitled to unemployment benefits, if it is determined that the employee had good cause to resign. For example, an employer's failure to address a sexual harassment issue may constitute good cause.
Orange County California Unemployment Lawyer
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