Skip to main content

Does filling for unemplyment affect me in any way??

Rohnert Park, CA |
Filed under: Employment

On June 2012 I was terminated from my job after working there for 5 years. I was unable to find a job for three months or so. Than I found a temp job that lasted 4 months. Now I'm unemployed again I've been looking and applying but no luck yet. So I want to know if filling for unemployment affects me in any way? And or from what former employer will I get u employment if I do file?? Reason being is because the temp easy enought so if I'm going to get it from them it's not worth the time and hassle but if it's from my former FT job than Its worth it. Plz help I need advice

Attorney Answers 3

Posted

Sounds like a personal decision. You pay into the system, and you should check with EDD to see if you are entitled to benefits. You earned those benefits through past work.

I don't know any employer who has ever asked whether an applicant has ever filed for unemployment benefits. I cannot imagine how an unemployment application would hurt you. Moreover, unemployment records are private and extremely difficult to obtain unless it is your case.

David Mallen
310.895.0107
www.elsegundocaemploymentattorney.com

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.

Mark as helpful

1 found this helpful

3 lawyers agree

Posted

There is no foreseeable downside to filing for benefits.

Neither one of your former employers will pay for your unemployment benefits directly, so I'm not sure what your concern is about how your former employers are involved. It sounds like your concerned about the amount you might get from unemployment, so here is information directly from the state website:

How are UI benefits calculated?
Benefits are calculated using an individual’s earnings during a specific 12 month period (this is called a base period). The base period begins approximately 15-17 months prior to the date the claim is filed. The amount paid each week is calculated based on the calendar quarter with the highest earnings during the base period.

If you have more concerns, check out the state website, which has a lot of helpful information about unemployment claims: http://www.edd.ca.gov/unemployment/FAQs.htm

This answer is provided for guidance only. DO NOT rely on it as legal advice. We DO NOT have an attorney-client relationship. You should contact an attorney in your area for a one-on-one consultation before pursuing any action or making any decisions.

Mark as helpful

1 found this helpful

3 lawyers agree

1 comment

Asker

Posted

No, it's not about how much I get and if I qualify for it. My concern is if it'll affect me when I do my yealry taxes in any way? Or if let's say I want to open a credit card will the bank deny me for not physically working an gettin unemployment? Thanks for the info tho

Posted

This is in response to the additional information you posted below Ms. Slack's response. Unemployment benefits are taxable and must be reportes as gross income: http://www.irs.gov/taxtopics/tc418.html

Your eligibility for a credit card will be based on the card company's requirements. Being unemployed will probably hurt your eligibility for credit. Receiving unemployment should increase your income so may help you.

twitter.com/MikaSpencer *** All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your claim, you will lose the opportunity to pursue your case. Please consult with an experienced employment attorney as soon as possible to better preserve your rights. *** Marilynn Mika Spencer provides information on Avvo as a service to the public, primarily when general information may be of assistance. Avvo is not an appropriate forum for an in-depth response or a detailed analysis. These comments are for information only and should not be considered legal advice. Legal advice must pertain to specific, detailed facts. No attorney-client relationship is created based on this information exchange. *** Marilynn Mika Spencer is licensed to practice law before all state and federal courts in California, and can appear before administrative agencies throughout the country. She is eligible to represent clients in other states on a pro hac vice basis. ***

Mark as helpful

1 found this helpful

2 lawyers agree

Employment topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics