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Unemployment Benefits in California and How to Claim?

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Unemployment benefits are benefits provided for by the government to make sure that those who were let off from work without fault on their own will have some money to get by while looking for gainful employment.

If you are terminated from work due to economic reasons like reduction of workforce or closing of a company, then you may be eligible to seek unemployment benefits in California.

Are Terminated Employees Eligible for Unemployment Benefits?

If you have been terminated at work due to some alleged cause, you are not automatically denied unemployment benefits. However, you need to prove that you were not laid off or terminated because of gross negligence or serious misconduct. As you can see, it is not automatic that you are prevented from claiming benefits just because your employer said that you were terminated for cause if you can prove that you were terminated in violation of California employment and labor laws.

Are You Eligible for the Benefit Even if You Were Terminated for Lack of Skills?

The laws are different for every state. Depending on the prevailing statute in your state, you may or may not be able to claim benefits. However, in most states, if you have been fired for lack of skill sets in doing your job, you are still given the right to be provided with unemployment compensation or assistance by the state.

Gross Negligence

General rule, however, is that if you committed gross negligence amounting to wanton lack of care, this will bar you from being able to obtain compensation from the government. Therefore, if your termination is due to your own fault, then you are not allowed to claim unemployment benefit because the law was created to help those who are in honest need of assistance and not those who are negligent or reckless in keeping their jobs.

Is the Bar Against Unemployment Benefits Permanent?

If you are barred from claiming unemployment benefit at one time, it does not mean that you are forever barred from claiming assistance the next time you are laid off from work. Therefore, the next time you obtained gainful employment and you are terminated without fault on your own, then this time, you will be eligible to claim the benefits.

Seek Legal Help to Claim Unemployment Benefits in California

Employment and labor laws are complex. They also require strict application of the law especially in times when you are claiming government benefits. Hence, if you are in serious need of unemployment support, you should never rely on your own skills. The first thing you should do is seek legal help Mesriani Law Group who have years of experience in helping unemployment citizens get the highest unemployment benefits they deserve. Call us ow and we’ll provide you with the speedy due process you deserve.


About the Author
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Rodney Mesriani

Rodney Mesriani is the principal partner of the Los Angeles and Santa Monica based Mesriani Law Group. He specializes in personal injury and employment law while also being an accomplished litigator and trial attorney. Rodney is an aggressive negotiator and a well-known and respected attorney in the areas of practice he specializes in.

He earned his Bachelor of Science degree in Accounting from California State University Northridge before attending Southwestern School of Law where he received his Juris Doctorate. While being an accomplished personal injury and employment lawyer, Rodney Mesriani has made it a point to attend numerous State Sponsored MCLE events and seminars over the years as a law practitioner to be informed of the latest laws and litigation strategies.



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