California Unemployment - Those Who Have Been Laid Off or Fired
If you are living in Los Angeles County, San Diego County, San Francisco area or anywhere in California and have been laid off or fired, chances are you will need to file for unemployment with California’s Employment Development Department (EDD).
This may be a very painful and stressful time and going through it alone without understanding your options just adds more stress to the issue.
Please read the following very carefully so you may better understand your options and hopefully come out of this situation with the upper hand:
COVID-19 is causing a lot of issues both on a local and statewide level. Especially here in the state of California, there has been on overabundance of people filing for unemployment, which is weighing heavily on the economy. Many people from San Diego County, all the way up to the San Francisco bay area are being furloughed or fired. Their next step? Filing for unemployment.
Feeling depressed or hopeless after being laid-off or fired in California.
If you are in this large group, you may be feeling depressed and uncertain of what your future holds. Do not worry! There is hope, and in fact some pretty good options open to you.
If you have been laid off or fired, unfortunately getting your job back right away is not an option. As much as you want this to happen, it just is not realistic.
Getting your money as soon as possible after filing for unemployment in California.
What you need to do is have a specific target of reducing the damage this has caused as much as humanly possible. This means, follow the right steps, which will help get the money into your hands as quick as possible. Especially if you have a family, that is your number one goal. Getting the money you are owed, in the quickest fashion.
Below Are Five (5) Options That Will Help You Go Down The Right Path; After Being Laid Off Then Having To File For Unemployment in California:
1. Ask your former employer to continue your California Health Insurance Benefits Plan after being laid off; plus severance pay:
As mentioned previously, living in California and having to file for unemployment after being laid off may be a sensitive and stressful time. Right after being laid off/fired, you should quickly connect with your [former] boss and the respective Human Resources Department. By asking them about getting help with any type of continuation plan for healthcare and even severance pay, may ease the situation. Of course, it is only a temporary fix, and paying into a COBRA plan becomes quite expensive, since you are paying the full premium amount, as opposed to what your former employer was putting into the plan.
There are many situations that employers will end up connecting the employees that they have laid off to have continuation coverage. You may be shocked to find out that your former employer and the company will help extend insurance to you. Do not be afraid to ask them to help provide you with help, especially since the situation you are in is extremely difficult. They are not allowed to retaliate, and if they do, please contact us immediately.
2. Make sure your employer will not fight your California Unemployment Claim:
As much as this may be uncomfortable to you after being fired or laid off, make sure to have your California employer put in writing that they will not contest or fight your unemployment claim. What happens sometimes is that employers end up acting or saying one thing during the firing process, and then once you are gone, they will turn around and do something quite different.
During a time when millions of Americans are hurrying to file for unemployment, all at once, the last thing you want to do is add extra roadblocks to the application process. This of course, will stall time. In this case, what you would be doing is include a document signed by your employer that states and confirms they will not be going against your claim. This subsequently will help expedite the process and ensure the monies (benefits) owed to you is given as soon as possible.
3. Steps and How to Apply For Unemployment through the EDD in California after being laid off.
If you have been recently laid off or fired and are living in California, please visit: https://www.edd.ca.gov/Unemployment/UI_Online.htm to file for unemployment benefits.
Please have the following ready prior to filing, so the process gets streamlined as much as possible:
The first and last name of your previous employer, including the address, contact phone number, and any other important contact information that pertains to your previous employer.
The last day and time you worked with the reason why you are no longer at the job.
Your pre-tax earnings (gross income) in the final work week you were there. This usually would begin with Sunday and then it ends with the very last day of work.
Exact information on every employer (company) you worked for during the past 18 months. Please make sure to have ready their name, address, the exact dates you worked (start and end), gross (pre-tax) wages earned, all the hours you worked per week, your rate of pay, and finally the reason you are no longer working.
Notice to Federal Employees About Unemployment Insurance, Standard Form 8 (former federal employees only)
DD 214 Member Four (4) Copy (this is for ex-military only)
Legal Documentation of your citizenship status. If you are not currently a United States citizen, then please provide the proper information from your employment authorization document.
4. Being Laid Off, Furloughed or Fired Illegally in California.
If you are living in Los Angeles County, Ventura County, San Diego County, or anywhere else in California and were let go illegally from your place of work, you may want to contact an experienced California (EDD) Unemployment Attorney. There will be plenty of companies in California that will let go of their employees without following the law, using a “pandemic” as an excuse. Consequently, you may be entitled to compensation due to your employer’s illegal violation.
The question you may have is, “Some employers may use the pandemic to illegally “let go” of workers. But is this the REAL reason?” If you were laid off illegally, you may be owed compensation for your employer's violation.
The United States has plenty of laws that protect the rights of its citizens.
In this case, the Federal “Family and Medical Leave Act” (FMLA) would grant protected leave from their place of work for the following reasons (source: https://www.dol.gov/agencies/whd/fmla):
o the birth of a child and to care for the newborn child within one year of birth;
o the placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement;
o to care for the employee’s spouse, child, or parent who has a serious health condition;
o a serious health condition that makes the employee unable to perform the essential functions of his or her job;
o any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty;”
This means that YOU, as an employee has a right to return to your place of work and not suffer retaliation or shame for taking this leave. The law does state that:
“Only eligible employees are entitled to take FMLA leave. An eligible employee is one who: • Works for a covered employer; • Has worked for the employer for at least 12 months; • Has at least 1,250 hours of service for the employer during the 12 month period immediately preceding the leave*; and • Works at a location where the employer has at least 50 employees within 75 miles.” (source: https://www.dol.gov/agencies/whd/fmla).
If you were trying to collect unpaid wages, commissions and/or overtime and ended up getting fired or “let go”, you should contact an experienced California workers’ rights attorney. Being fired for discrimination can also be an important reason to contact a California unemployment attorney.
There are also cases of employees that report sexual harassment to the company and ended up being fired right after. This is not acceptable and is a prime example of sexual harassment.
5. Freiman Legal provides legal consultation and representation for those that have been illegally fired or laid off in the state of California.
There are numerous reasons why an employee in California would get fired and have to spend their time filing for unemployment through the EDD. It ends up being a stressful time, and without the proper guidance and answers, the process becomes very strenuous.
Freiman Legal has the experience to stand up for employee rights in the face of employers who do not care about following the rules and break the law. Please contact Freiman Legal for a Free Consultation today.
