I had a family emergency to attend during probation period. Employer told me to resign. I stated I do not want to resign. I was fired due to not performing job's duties
The answer to your question will depend on many facts not included in your post. Essentially you are disqualified from receiving unemployment insurance benefits if you are terminated for engaging in misconduct. Misconduct suggests some kind of intentional violation of company policy or practice, or a form of insubordination. Not coming to work when not excused can be a form of misconduct unless the absence was something caused by something outside of your control or the missing of work was otherwise legally privileged.
There are laws that give an employee the right to attend to the serious medical condition of a close family member, but whether these laws apply to you can only be determined by an analysis of many facts, including the size of your employer, the length of time you were with the employer and how many hours you word, the closeness of the family member who needed attention, and many other items.
If you were terminated for engaging in protected conduct, you might have a meritorious legal claim against your former employer and you might have a legitimate basis for avoiding the misconduct disqualification under the unemployment insurance act.
At this point the prudent move would be to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site in the Find a Lawyer section, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.
Most employment attorneys who practice this area of law offer a free or low-charge consultation and then if the matter has merit and sufficient value, they work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.
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.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.
Years licensed, work experience, education
Peer endorsements, associations, awards
Publications, speaking engagements