Determine Whether You Can Receive Unemployment Benefits
This guide will help you navigate the complex concept of unemployment benefits in California. Many employees on the cusp of quitting a Hostile Work Environment due to harassment, discrimination, or retaliation worry that if they quit, they lose the opportunity to receive unemployment benefits.
What Are Unemployment Benefits in California?Under CA law, if you meet certain factors you may be eligible for unemployment benefits while you are actively looking for a new job. This may help you with mortgage or rent payments, medical bills, food, and other life*s necessities. However, it is important to understand that in order to get unemployment payments you must meet important requirements.
How Do I Become Qualified for Unemployment?In order to be qualified for unemployment benefits in California, the following factors must be met:
1. Your past wages must have met a certain minimum requirement during a one-year *base period.* This means that for one year before you file your unemployment claim you must have earned at least $1,300 in your highest paid quarter OR you earned $900 in your highest paid quarter and at least one and a quarter times your earning in the highest paid quarter.
2. Your unemployment must not have been at any fault of your own. This means that if you quit your job, it must be for *good reason*.
3. You must be actively looking for another job if you are able and available.
Does My Reason for Unemployment Qualify Me to Receive Benefits?The most common reasons for unemployment occur when an employee gets a) laid off, b) quits, or c) is terminated/dismissed.
A) if you were laid off due to a downsizing, then your unemployment is likely no fault of your own
B) If you quit, it is likely that the unemployment is of your own choosing, however, if you were constructively discharged, meaning no reasonable person in your situation would have continued employment, then your unemployment may not be your fault.
C) if you were terminated, your unemployment may not be your fault unless you were fired for gross misconduct.
Contact An AttorneyIf you feel that your termination or you quitting was due to some discriminatory motive or reason, it would be best to contact an attorney immediately as there are statute of limitations as to when you can bring a claim for your damages.