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Can i collect unemployment

Burlingame, CA |

hi, here are the facts i wish to state,i was laid off on 8-10-2012, applied for unemploynt recieved benefits,then september i took a security guard job, which i only trained for two days. upon comepleting my 2nd,day of training the boss stated i was to drive "i said no i can't,"and went home and resigned well going forward now to december 20th,2012, wasd phone interview #1,then fast forward to january 18,2013,#2 interview. even though the edd is still paying benefits at this point, i have the appeals hearing on january 30th,2013, i have recieved my file from the appeals board,upon looking through found forged and photocopies of papers from this employer dated january 22,2013,not september 21,2012. what can be done about the company sending in false paperwork?

Attorney Answers 3


  1. Best answer

    While an employer's submission of falsified documents is illegal, that does not negate the fact that you resigned from your most recent position. Generally speaking, individuals who resign are disqualified from collecting benefits. This is because UI benefits are available only to those employees who are unemployed "through no fault of their own." The EDD reasons that individuals who quit are unemployed "through fault" since they made the voluntary decision to become unemployed.

    Certain limited exceptions to this general principle arise where the claimant quits with "good cause." I suggest that you review the EDD's summary of those exceptions here: http://www.edd.ca.gov/uibdg/Voluntary_Quit_-_Table_of_Contents.htm

    Unless an exception applies, a claim for benefits will ordinarily be denied if you quit, regardless of whether your employer falsified documents pertaining to your claim.

    This answer is a general interpretation of the law and is not fact specific to your case. Likewise it does not create an attorney-client relationship. You should seek an attorney for a review of your specific facts and documents.


  2. All you can do is testify at the hearing about the falsity of the papers. But the real issue is whether you had good cause to quit.

    David Mallen

    David A. Mallen offers answers on Avvo for general information only. This offer of free, general answers is not intended to create an attorney-client relationship. If you need specific advice regarding your legal question, you should consult an attorney confidentially. Many experienced California labor and employment attorneys, including David A. Mallen offer no-risk legal consultations to employers and employees at no charge. David A. Mallen is licensed to practice law before all state and federal courts in California, as well as the California Labor Commissioner and the California Unemployment Insurance Appeals Board. Failure to take legal action within the time periods prescribed by law could result in the loss of important legal rights and remedies.


  3. I agree with Mr. Mallen. Your only real "defense" to the false statements is for you to counter those statements with evidence of your own. If you have any documents that support you, submit them. Otherwise, state the truthful facts and hope you are believed.

    Good luck to you.

    This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.