Should you hire an employment attorney if your employer denies unemployment benefits?


California, like many other states, works on an ‘at-will employment’ basis. This means that the employer can fire its employees at their will and the employees, on the other hand, can leave the job at their own will without giving any notice. However, if the employee wants to follow the proper business etiquette, then they should check the 2 weeks notice sample letter for the correct format.  However, the employer cannot fire its employee for illegal reasons like racial discrimination and others. You have the right to claim for unemployment benefits if you’ve been wrongly terminated or if you have faced sexual harassment. Whether you’re eligible for the claim or not is decided by the state and not the employer. But the employer can contest unemployment claims to establish that you don’t deserve these benefits.  You can appeal unemployment benefits denial if the employer does so.

What is an unemployment benefit?

An unemployment benefit is more like insurance where the employees get the opportunity to get benefits. However, there is a limitation to this- the employees cannot collect benefits if they lost their jobs through no fault on their own. There are certain requirements and eligibility criteria of the state that the employee needs to fulfill. The employees who are eligible for collecting the benefits can do so until they find new employment. There are two important elements of unemployment benefit:

  1. The employer has to pay tax to fund these programs
  2. The employee must not lose the job through their own fault.

When does it make sense to handle unemployment benefits denials on your own?

So you’ve lost your job, and perhaps you’re counting your money to find out how can you fulfill your needs till you get employed somewhere. In such a situation, you probably won’t have sufficient funds to pay an attorney. Though you don’t need an attorney for this, you’ll be at the losing side if you don’t have one! It completely makes sense to handle these issues on your own if the case is devoid of any complications.

The claim has to be filed with the unemployment agency of the state. All you need do is fill up a form, and provide your basic details including the reason for unemployment. Next, you need to submit the form and the state agencies will peruse it to check if you fulfill the criteria for collecting the benefits. The agency will reach out to your employer to know if you’re eligible for the benefits. The latter cannot deny your claims but they can contest the claims.

When do you need an employment attorney?

There are certain instances where you’ll need a professional attorney by your side.

  • You have lawful claims against the employer– The employees may need help of an attorney if they believe that they are suffering at work due to labor violations by the employer. For example, the employer might have fired you in retaliation for raising voice against sexual harassment.
  • You left the job voluntarily or you were fired– Unemployment benefits are available to those who lost their jobs through no fault on their own. However, if you were fired for misconduct or if you left the job for good reasons, you’ll not be eligible for the benefits. The attorneys can help you out with the paperwork and he can present the facts to prove that you’re eligible for the claims.

Nakese law firm in California has dedicated attorneys having experience in wrongful termination, sexual harassment, gender discrimination, unpaged wages, and racial discrimination.