Top 10 Unemployment Insurance Questions

Top 10 Unemployment Insurance Questions

The Unemployment Insurance Application and/or Appeals process can raise various questions about an employee’s right to collect benefits. Below is a list of the Top 10 questions employees have when dealing with the EDD regarding their unemployment claim.

1. Can I collect Unemployment if I was fired?

Yes. Terminated employees may collect unemployment so long as the termination was not for work-related “misconduct.” Many things qualify as work related misconduct. Generally speaking, misconduct exists if: (1) The claimant owes a material duty to the employer under the contract of employment; (2) there is a substantial breach of that duty; (3) the breach is a wilful or wanton disregard of that duty; and (4) the breach disregards the employer’s interests and injures or tends to injure the employer’s interests.

2. Can I collect Unemployment if I quit?

Yes. You can collect unemployment benefits if you quit so long as you had “good cause” to quit. There are a variety of situations that may qualify as good cause for quitting your job. In general,  good cause exists if: (1) the reason for leaving is “real, substantial, and compelling;” (2) would cause a “reasonable person,” genuinely desirous of working, to leave work under the same circumstances; and (3) the claimant did not fail to attempt to preserve the employment relationship, thereby negating any “good cause” for leaving.

3. Should I file for Unemployment if I have other legal claims against my employer?

Yes. Unemployment is an employee right that exists completely independently from other rights you may have against your employer.  You should consult with a lawyer to make sure you present your unemployment application and/or unemployment appeal to the EDD as accurately and clearly as possible.

4. What should I say to the EDD if I wasn’t given a reason for my termination?

You can say just that, that there was no reason given. Under the “at will” employment rule, an employer doesn’t need a good reason, or any reason for that matter, to terminate an employee. Of course, there are exceptions to the “at will” rule that may give rise to a wrongful termination action – all of which violate some other law or public policy. You should consult with an employment attorney if you feel you may have been wrongfully terminated.

5. I haven’t been fired, but I’m getting scheduled far less or not at all. Can I file for Unemployment Insurance benefits?

Yes.  If you experience a drop in income due to a change in schedule or reduction in hours at your job, you may apply for unemployment benefits to help close the gap of your reduced income.  Ultimately, unemployment Insurance also applies to workers that are partially unemployed or underemployed.

6. I was fired for job performance issues, can I collect unemployment?

Yes, if those performance issues do not amount to work related “misconduct.”  Typically, in the absence of wilfulness, gross negligence, or recurrence of negligence after warnings, an Unemployment Insurance applicant’s failure to perform his or her work to their employer’s satisfaction would not be misconduct.

7. I was fired for absences, can I collect Unemployment Insurance?

Yes, if those absences do not amount to work related “misconduct.” The EDD applies the following analysis to make this determination: (1) Did the claimant have permission to be absent? If not, (2) Was there a compelling reason for the absence? (3) Was the absence an isolated instance? And (4) Were there prior warnings or reprimands for unexcused absences or other infractions?

8. I was told to return to work when I no longer had work restrictions, can I collect Unemployment Insurance?

Yes. If you are able to perform the essential functions of your job with or without a reasonable accommodation of your work restrictions, you should be allowed to work by your employer.  If you are not, you will be entitled to Unemployment Insurance benefits. In addition, your employer may have violated their legal duty to reasonably accommodate your work restrictions. If this is the case, you should contact an attorney immediately.

9. Should I appeal an initial denial of Unemployment Insurance benefits?

Yes. Employers will often object to an Unemployment Insurance application made by a former employee because they claim the employee was fired for work related misconduct; or, that the employee quit without good cause. This will typically result in an initial denial of benefits. However, what may be misconduct or lack of good cause from the employer’s point of view is often not according to Unemployment Insurance rules.

10. Is my paycheck deducted for Unemployment Insurance benefits? 

No. Unemployment Insurance is entirely funded by taxes paid by employers. There is no deduction on a paycheck relating to Unemployment Insurance.

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