Out of Work Without Income?
Out of Work Without Income?
If you are out of work, stress levels can become unbearable and if you have been denied unemployment benefits, the expenses of living are going to bury you. But why were you denied these benefits? You were let go by no fault of your own and you are actively looking for employment. You may have a case that could entitle you to unemployment compensation. Johnson Attorneys Group has great experience with unemployment laws. We will help you regain your confidence and restore peace of mind.
Do Not Do It Alone
Let us help you. You were good at your job and now you need some time to place your talents with a different company. Let our skilled team determine what laws protect you and how you can take back some breathing room while you reevaluate your career position. Johnson Attorneys Group will fight for you to get the unemployment compensation you are entitled to and help you back on the road to a new job. The guidelines for unemployment benefits are outlined below and will help you gain a clear understanding of what your rights are and what you are entitled to.
Unemployment Insurance Benefits
Most employees who lose a job are entitled to unemployment insurance benefits and some employers also give their workers a severance package. The unemployment insurance is provided for a set period of time up to 26 weeks in most states. The period may be extended during recessions or periods of high unemployment.
However, if a person gets a new job, the coverage would end. The purpose of unemployment insurance, which ranges from $40 to $450 per week depending on your actual earnings, is to provide an income to a person who was terminated through no fault of their own such as a lay off. If a person quits their job without a valid reason, they won’t be entitled to benefits. The same goes for a person who is fired from a job.
Eligibility Requirements for Unemployment Insurance
- Totally or partially unemployed.
- Unemployed through no fault of your own.
- Physically able to work.
- Available for work.
- Ready and willing to accept work immediately.
- Actively looking for work.
- You must also register for CalJOBS
Quit Your Job in California and Keep Your Benefits
There are some circumstances where you may quit your job and retain your unemployment benefits. There must be a compelling reason for the person to leave their position and the decision as to whether the benefits may be retained is on a case-by-case basis.
Here are some examples of good cause to quit your job:
- Relocation with spouse – The person’s spouse is relocated to another area or the employee is marrying someone that requires them to move out of the area.
- Caring for a family member – If the employee is needed to care for a family member and is unable to work.
- Health and safety – The work environment poses a health or safety risk to the employee.
- Domestic violence – An employee and or their children are threatened with domestic violence and they need to leave the known workplace. The abuser may have violated restraining orders.
- Another job – An employee who quits to take another job, but the new employer changes their mind or the job falls through.
- Constructive discharge – The working conditions are so intolerable that a reasonable person would not be able to withstand the conditions. The employee wants to continue working, but due to these conditions they are unable to and choose to leave.
Contact Our California Employment Law Firm
We at Johnson Attorneys Group understand that this may be a difficult time in your life and we are here to help. Our lawyers would like to discuss your potential case. We offer a free initial consultation where we can go over your employment issues. If we decide to take your case, we work on a contingency fee basis, which means that you do not pay any fees unless you win or recover compensation. Call us at 800-235-6801 for help.
Answers to Common Employment Law California Questions
My Employer Isn’t Giving Me Time with My Newborn. Can I Fight This?
Under the Family and Medical Leave Act, federal law dictates specific guidelines to allow for growing families to have time with their children and time to recover after a pregnancy. If you feel your employer is violating the FMLA, you owe it to yourself and your family to get professional legal help. We are the leading attorneys in employer law and we will fight to get you the time you need with your family.
I Feel I’m Being Discriminated Against. How Do I Know?
The law outlines very specific characteristics that are protected from harassment. If you believe you are being harassed on the basis of race, gender, age, sexual orientation or religion, it’s time to pick up the phone and call our office for a consultation. Discrimination is a serious crime and you do not have to take it any longer. Call us today for a FREE consult to understand your rights under the law.
I Am Disabled and My Employer Doesn’t Help Me. What Can I Do?
Every employer in California is REQUIRED to make accommodations for various disabilities in California. The American Disabilities Act outlines specific guidelines for this and if your employer is not providing you the tools you need to do your job, they are breaking the law. Let our team at Johnson Attorneys Group stand by your side and fight back against unlawful behavior in the workplace.