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Do I have a legal case against my part time employer because they told me to stop claiming unemployment benefits?

San Rafael, CA |

I worked very part time while also collecting unemployment benefits from a previous job where I was laid off. As required by law, I reported the earnings from my part time work when claiming benefits. My employer at my part time job then passed on a message to me via my direct supervisor that I needed to stop claiming unemployment benefits from them because I was not eligible for them. I was intimidated and worried about jeopardizing my job, so I stopped my claims, even though I was eligible for further benefits from my former employer. From what I understand this is an illegal practice. Do I have a legal case against a company who told me in no uncertain terms that I was not to continue claiming unemployment benefits? I am now in trouble with the EDD as a result of this situation.

Attorney Answers 1

  1. Somethong does not make sense here:

    IF your claim for benefits was proper, and
    IF you stopped claiming benefits on the demand of your employer,
    then why would you be in trouble now with EDD?

    EDD doesn't care at all if persons eligible for benefits stop claiming or decline to claim.

    So, if you are trouble with EDD, what's the story?

    My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.

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