Can an employer deny a fired employee from receiving unemployment?

Question

My friend has been recently terminated and his employer wants him to give them an additional 2 weeks.

I don't think he needs to work the 2 weeks, but he is afraid that if he doesn't they can block/deny him from receiving unemployment (based on their shady practices).

Does anyone know how unemployment works? We live in Los Angeles, California and your feedback is appreciated. Thanks!

Thanks for the feedback everyone. My friend didn't do anything wrong. In fact, he never heard a negative remark and was even named Employee of the Month several months ago. On his review date last week, he was told that his position was no longer available for him (was given to another employee who has been eyeing his job for months) and another position that he isn't qualified for was offered knowing that he wouldn't accept it. This was a total shock and he was given an ultimatum -- either take the new role or leave. He has been in his line of work for over 10 years and it doesn't make sense for him to make such a drastic change in career. He refused and they are terminating him. From what I heard from you guys, he will have to work the 2 weeks in order to collect unemployment, but could this also count as a lay off? Any other suggestions for my friend?

Answer 1

Depending on why your friend was fired, it is possible for his employer to revoke unemployment benefits.

Answer 2

Certainly an employer can deny unemployment to a fired employee. For instance, if the employer caught the employee embezzeling money and fired him, should the employee get unemployment? How about if an employee was terminated because of repeated sexual harassment of another employee? In most cases, the employer has to provide their reason(s) for denying benefits to the terminated employee to the unemployment office. The unemployment office will then decide whether there is cause.

Does he know why he's being fired?

Answer 3

If they are paying him the same amount with the same benefits to do the same job, then he has to stay the extra two weeks to collect unemployment. If they are paying less, or it is for a different job, then he does not have to do it.

But there are acceptable excuses for quitting: If he is concerned that they are actually breaking the law, and that he would be too if he continued working for them, then he could quit at any time and still claim unemployment, You can also quit because of sexual harassment, physical abuse, dangerous working conditions, etc.

Employers can and often DO try to deny unemployment claims, but that just means you have to go to a quick interview at the unemployment office and explain why the employer's denial is wrong.

Of course, the best thing for your friend is to find someplace better to work. That always pays better than unemployment.

Answer 4

Even if he is fired he can still get unemployment. However the waiting period is longer if you are fired, rather than just laid off because lack of work. I don't believe there is any way that the employer can block him/her from getting unemployment. Your friend should call the unemployment office to find out for sure though.

That being said, it could reflect badly on future jobs if he doesn't give them the 2 weeks. Prospective employers do look at past jobs and reason for leaving, etc.

Answer 5

I can't answer your California unemployment comp question. But your friend should think about a number of issues that could affect the financial consequences of being terminated. These would include things like the amount of termination pay he gets, being paid for accrued vacation and sick days, being paid any bonuses or commissions he's earned, getting any stock shares or options he's earned, and maintaining his health insurance through COBRA.

For a more complete checklist of financial issues in the event of termination or other job loss, read the webpage listed below.

Answer 6

I have worked for this company, for 4plus years, The owner of the company, told the employees that nobody will lose their jobs. I never take any time off and have very good attendance there, but this past week, I messed my back up and has been under doctors care for the past week. Today will be the first day back, and wasnt even their an hour and was called into the office and was told that Im laid off. I live in upstate New York, can an employer do this to me thanks

Answer 7

No, however the Unemployment commission can gather information from the employer which could cause the unemployment commission to deny you unemployment. You need to give your side of the story to the unemployment commission also, and then they make a decision based on the info. they gathered by you & the employer.

Answer 8

Yes they can. Unemployment contacts the employer for the reason of termination. If the employee has committed a serious violation of company policy, he/she can be denied unemployment benefits.

Answer 9

In Illinois, you can receive unemployment if the termination was due to "no fault of the employee". Meaning that if the employee was laid off, they could collect. That defintion has become quite broad and means that an employee can collect unemployment almost all the time unless he/she was termintated for gross misconduct (stealing, violation of company polcy, etc. If you friend quit, he could not collect unemployment.

Answer 10

When you file for unemployment, they will contact your employer for information on your discharge.

An employer has the right to appeal EDD's decision to pay a claimant. A claimant has the right to appeal EDD's decision to reduce or deny benefits. An appeal must be submitted within 20 calendar days of the mailing date of the Notice of Determination and/or Ruling.

Here's the CA website for further info:
http://www.edd.ca.gov/uirep/uifa.htm

Answer 11

if he doesn't work the two weeks he will have to quit so he wouldn't qualify for unemployment. Plus I'm sure he can use those two weeks of pay while he looks for another job.