The timely, cost-effective resolution of a wrongful termination claim calls for an attorney who is experienced in handling employment law matters and providing personal service. Contact our firm today to schedule a consultation and case evaluation with an employment law attorney.
Wrongful Termination Law Attorneys in Los Angeles
Helping Southern California Businesses and Employees Understand Employment Law
The attorneys of the Bononi Law Group, LLP, represent both employees and employers in Los Angeles and throughout southern California in wrongful termination and firing claims. For more details about how we can defend your rights or the rights of your firm in these cases, please visit our wrongful termination page.
Below we have provided some general information to educate you and your business about how wrongful termination law in California. To get answers about your specific case, contact us to arrange a no-charge consultation with one of our experienced attorneys.
Thank you for contacting Bononi Law Group, LLP. Your message has been sent.
Call us now
or use the form below.
Unemployment Insurance
Employers pay unemployment insurance payroll taxes for each employee. If an employee becomes unemployed through no fault of his or her own, the employee is usually eligible for unemployment compensation. The employee must apply for these benefits through a state agency. Sometimes the process is straightforward; other times it is more complex because the employee was fired or voluntarily gave up the job or because the employer has challenged the claim. If you have concerns about unemployment insurance, contact Bononi Law Group, LLP in Los Angeles, California, to discuss the matter with an experienced employment law attorney.
If the Employee Quits
The unemployment insurance system is designed to protect people who have become involuntarily unemployed. It is not intended to help those who can work but don't like their jobs. When an employee quits a job, therefore, it may be difficult to obtain unemployment benefits.
The specific laws vary by state, but general principles apply. If the employee had good cause for leaving the job, then he or she may be eligible for benefits. "Good cause" is an objective standard: the employee must have had substantial, real and significant motives for leaving. The cause must be compelling enough to show that no reasonable person would have stayed in the same circumstances.
Compelling reasons to leave a job may include:
- Harassment
- Discrimination
- Substantial reduction in work hours or pay
- Unsafe or hazardous working conditions
- Legitimate family emergency
If the Employee Is Laid Off
Leaving a job because of being laid off is not leaving voluntarily. A laid-off employee, therefore, will typically be eligible for unemployment benefits.
If the Employee Is Fired
An employee who has been terminated or wrongfully discharged is eligible for unemployment benefits in some situations. If the employee was terminated for serious misconduct, he or she is unlikely to qualify for benefits. If the employee was terminated because the company was experiencing financial difficulty and had to reduce the size of its workforce, however, then the employee is likely to be entitled to unemployment compensation.
Some infractions that are sufficient to justify termination are not sufficient to support denial of unemployment benefits. If the misconduct was unintentional or rarely occurred, therefore, the worker may qualify for benefits.
Making the Unemployment Compensation Claim
The former employee who wishes to collect unemployment insurance must apply through the state agency that administers the benefits. If the application is denied, the employee can appeal the decision. Both the employee and the employer will have a chance to present evidence.
The exact procedures vary by state, and this is one reason it is so important to work with an attorney who knows the laws of the jurisdiction.
Contact an Attorney
Each state has its own requirements for qualifying for unemployment benefits. In addition to having left the job involuntarily or with good cause, the worker usually must have been employed for a minimum length of time. For answers to your questions about unemployment insurance, contact an attorney at Bononi Law Group, LLP in Los Angeles, California.
Copyright ©2009 FindLaw, a Thomson Business
DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.
