Can I Get Unemployment Benefits If I Was Wrongfully Terminated?

If you were wrongfully terminated in California, you are often eligible for unemployment benefits. However, several key factors determine your eligibility and the outcome of your claim.

Contact our Los Angeles wrongful termination lawyers at Aegis Law Firm to discuss your legal options. Schedule your free consultation today.

How Does Unemployment Work in California?

Unemployment Insurance (UI) provides temporary financial assistance to workers who have lost their jobs or had their hours reduced through no fault of their own. In California, the EDD administers this program. To qualify for benefits, you must:

• Be unemployed or working reduced hours
• Have earned sufficient wages during the base period (typically the first four of the last five completed calendar quarters)
• Be physically able to work
• Be available and actively looking for work each week

Once approved, you can receive weekly benefits for up to 26 weeks in most cases, depending on your earnings history and any legislative extensions in place.

Do I Get Unemployment If I’ve Been Fired in California?

Eligibility depends on the reason for your termination. The EDD distinguishes between terminations for misconduct and terminations for other reasons. If your employer fired you for reasons other than misconduct, such as:

• Poor performance
• Inability to meet job standards
• Restructuring or job elimination
• Lack of skills or training

You will likely qualify for benefits. However, if your employer claims you were fired for misconduct, such as:

• Theft or dishonesty
• Repeated violations of company policy
• Workplace violence
• Being under the influence at work

The EDD will investigate further. Misconduct must be willful and show a disregard for the employer’s interests. The employer must prove you knowingly violated a rule or acted inappropriately.

What Qualifies as Wrongful Termination?

Wrongful termination occurs when an employer fires a worker in violation of California or federal laws. Common examples include:

• Termination due to discrimination based on race, gender, age, disability, religion, or other protected characteristics.
• Retaliation for whistleblowing or reporting harassment or unsafe conditions.
• Firing in violation of an employment contract or company policy.
• Dismissal for taking legally protected leave, such as medical leave or military leave.

If your termination falls into one of these categories, the EDD will generally not consider it misconduct. As a result, you will likely qualify for unemployment benefits.

If you believe you have experienced unfair treatment or termination from your job, contact our Los Angeles wrongful termination attorneys at Aegis Law Firm to file a claim today.

How the EDD Evaluates Claims

When you file a claim, the EDD contacts your former employer to request their version of the events. The employer may claim you were fired for misconduct. If they do, the EDD will review both sides of the story before making a determination. You must provide detailed information to support your claim. Include any documents that show your termination was unlawful, such as emails, performance reviews, written warnings, or a termination letter. If your employer gave a false reason for your firing, present evidence that contradicts their claims.

Appealing a Denial

If the EDD denies your claim, you have the right to appeal. You must file your appeal within 30 days of the decision. At the hearing, you can present witnesses, documents, and testimony to support your case. If the judge finds your termination was not misconduct, you will receive benefits retroactively.