ED Unemployment, CA Can I still collect unemployment if I refused to sign paperwork of your termination?

Asked over 1 year ago - Auburn, CA

I was terminated due to suspicion of being on drugs when I tested clean last random test (only on me) in the same year. I was working full time hours for months; But there was that day when I seen "part time" on my paystub.. They cut down my hours drastically to save money from the full time hours I was receiving (, then i get terminated for being tired, but "high". I only refused due to the discrimination of my being. While working there when hours were being cut, it just so happens i get terminated when the company started drastically cutting down expenses due to ("Obamacare").

Attorney answers (2)

  1. Kenneth Lewis Swenson

    Contributor Level 15

    1

    Lawyer agrees

    Answered . If you are otherwise qualified, you would be entitled to Unemployment Insurance (UI) benefits unless you voluntarily quit your job or were discharged for misconduct. The use of intoxicants such as drugs or alcohol may constitute misconduct depending on the circumstances. The California Employment Development Department (EDD) has published a UI Benefit Determination Guide which provides guidance on misconduct and the use of intoxicants. (See links below.) The refusal to sign paperwork when you were terminated would not ordinarily be misconduct and should not be a reason for you not to make a benefit claim.

    http://www.edd.ca.gov/UIBDG/Misconduct_MC_5.htm

    http://www.edd.ca.gov/UIBDG/Misconduct_MC_270.h...

  2. Arkady Igor Itkin

    Pro

    Contributor Level 13

    Answered . As Mr. Swenson point out, if you are otherwise qualified for benefits, then simply refusing to sign the terminating paperwork does not make a difference to your eligibility for unemployment benefits, and under your circumstances you should be entitled to benefits.

    Thanks,

    Arkady Itkin
    Sacramento Employment Lawyer

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