My friend has a job, she was arrested & taken into custody on drug charges. She's still in custody, not convicted. If charges are dismissed and her employer terminate her and can she collect unemployment?
Yes she can be terminated and she will probably not qualify for unemployment insurance benefits if she is.
An employer is legally allowed to terminate an employee who is in custody, whether or not the charge results in a conviction. Being terminated for that basis will likely be determined to be misconduct that would mean the EDD would take the position that no benefits will be paid.
Good luck to you and your friend.
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Of course you can be terminated if you are unable to work because you are incarcerated. The question of unemployment insurance is more complex. UI Code 1256.1(a) states that if you are terminated for an absence from work because of incarceration and you are convicted of the crime for which you were incarcerated, you will be ineligible for benefits. If you are released and file for UI benefits while your criminal case is still pending, you can receive UI benefits but will have to pay the money back if you are later convicted. You are given a choice at the time you file whether you want to get benefits or wait until your case is decided. If you were terminated for some other reason than the absence from work while incarcerated, a decision will be made whether your actions were misconduct that is against the interests of your employer. For example, if you worked at a bank and were incarcerated for theft of money, your employer might terminate you because they could no longer trust that you would not steal from the bank too. I hope this helps you understand more about UI.
This advice is general information about the law and does not provide legal advice for any particular situation. It does not form an attorney/client relationship or provide confidentiality.
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