Do I Need a Lawyer to Get Unemployment Benefits in California?

 

Find out how and when to consider hiring a lawyer to help with your unemployment claim.

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If you have a straightforward unemployment claim, you will likely be able to file for unemployment benefits on your own, without any help from a lawyer. Your claim is relatively simple if you can easily meet the California earnings requirements to qualify for benefits, and you and your employer agree that you lost your job through no fault of your own (for example, because you were laid off or had to quit when your military spouse was transferred to another state).

But if your case is more complicated, it might make sense to consult with or hire an unemployment lawyer to represent you. An unemployment lawyer can help you if you are facing any of the situations described below.

1. Your Employer Claims You Were Fired for Misconduct

You may be disqualified from receiving benefits if you were fired for job-related misconduct. California defines misconduct narrowly. All four of the following statements must be true for the Employment Development Department to conclude that you were fired for misconduct:

  • You must owe a material duty to your employer. 
  • You must have committed a substantial breach of that duty. 
  • Your breach must show a wilful or wanton disregard of that duty. 
  • Your breach must disregard the employer's interests and injure or tend to injure the employer's interests.

For example, it is not enough for an employer to state that you were fired for being absent. The Employment Development Department will consider whether you had permission to be absent, whether you had a compelling reason to be absent, and whether you had received prior warnings or reprimands. 

 

If your employer fights your claim for unemployment on the grounds that you were fired for misconduct, you should consider talking to a lawyer. In this situation, there will likely be a hearing on your eligibility for benefits, at which your former employer may have its own attorney. 

2. Your Employer Claims You Quit Voluntarily

Unemployment benefits are not available if you quit your job voluntarily. However, if your employer forced you to quit, or you quit for a reason that's protected by law, you are still eligible for benefits.

You will be disqualified from receiving benefits if you left you job voluntarily, without good cause. Good cause to leave work may be related to the job or not. To show good cause, you must have been motivated to leave by a real, substantial, and compelling reason that would cause a reasonable person who genuinely wanted the job to quit. For example, if you have compelling family reasons to leave your job, or you stop working because you have reasonable fears about your health or safety on the job, you will likely still be eligible for benefits. 

An unemployment lawyer can help you figure out whether you are eligible for benefits – and prove it to the unemployment agency.

3. Your Claim for Benefits Is Denied 

If the California Employment Development Department denies your initial claim for benefits, you have the right to file an appeal with the California Unemployment Insurance Appeals Board. An unemployment lawyer can help you decide whether an appeal makes sense and, if so, help you file the paperwork and make your case in the most persuasive way. To learn more on the California rules and deadlines for filing an appeal, see Can I Appeal a Denial of Unemployment Benefits in California?

4. Your Appeal Is Denied

Even if the California Unemployment Insurance Appeals Board denies your appeal, you still have another chance to win your case. Every state has a second-level appeal process, whether to a state agency or tribunal or to state court. If you are considering taking your case to state court, you will almost certainly need a lawyer’s assistance. Even for an administrative appeal, a lawyer’s help will increase your chances of success. A lawyer can help you clearly explain why your claim should have been granted, with citations to cases and statutes that support your argument.

5. You Have Other Legal Claims Against Your Employer

Were you denied overtime or wages you should have received? Were you discriminated against or harassed at work? Were you fired in retaliation for reporting illegal behavior? Were you wrongfully terminated in violation of public policy? A lawyer can review your employment history and the circumstances of your termination to see whether you might have other legal claims against your employer. If so, you will not only benefit in the unemployment claims process, but you will also have strong grounds to negotiate a favorable severance package with your employer.

If you decide to hire an attorney, see How Can I Find an Unemployment Lawyer in California for resources that will help you with your search. 

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Jurisdictional relevance: ST

There are versions of this article for each State.