Jade19 said:
Yea i actually thought about getting a lawyer, but w no job its hard to afford one, I could try to sue them 4 discrimination because they fired me once i was pregnant. I found out a few days after being "let go" that my boss had his new previously unemployed gf working there..........
Well here's the law according to how it works in California. I'd assume it's similar in your state:
http://www.employlaw.com/unemployment2.htm
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My employer fired me because I was always late and I did not make sales quotas for each month. I have to admit, I was often late and my sales were down. Can I still get unemployment benefits?
This is one of the more misunderstood areas of unemployment law. Typically, a fired employee thinks that if an employer had good reason for firing the employee, then he or she is not entitled to unemployment benefits. Generally, this is NOT true.
To NOT receive unemployment, an employee must have been fired for "gross misconduct." An employee fired for negligence, poor performance, or mild misbehavior should be awarded benefits. The EDD, not the employer, determines if an employee's conduct constituted or "sunk" to the level of "gross misconduct."
Generally, "gross misconduct" means a willful act that either caused, or could have caused, the employer to suffer significant injury or harm. For example, imagine the employer catches one of its truck-driving employees driving a vehicle while intoxicated. Even though he did not cause an accident, the employee is fired. Most likely the EDD would consider the employee's act gross misconduct warranting a denial of unemployment benefits.
Other examples of gross misconduct might be: 1) selling drugs at the workplace; 2) stealing employer property or money; or 3) assaulting a coworker.
How much money will I receive and for how long?
You will have to contact your local EDD office for that information because the dollar amount and duration change at times.
As to how much money YOU may receive, when you first file a claim, an EDD administrator will ask you questions about income level, hours worked, employment history, likelihood of finding a job, etc. The EDD will then refer to a "benefit table" to come up with a weekly benefit amount and that is what you will receive during the time you are unemployed.
Be mindful, unemployment is not the way to earn a living. For example, at the time of this writing, the maximum benefit one could receive is $330 weekly.
As to how long YOU can receive unemployment, the duration is set by federal law. The law can change the maximum period from a few months to longer. Sometimes the Government changes the law to provide longer benefit periods during times of economic downturn. For example, a few years ago, the government extended the maximum benefit period to 12 months. It is currently back down to 6 months or less.
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