my state benefits have been terminated what kind of lawyer should i see?

If you find yourself in a situation involving disability benefits and a termination of employment, you should not hesitate to reach out to an experienced employee benefits attorney given the complexity surrounding these issues. In many instances, you may still be entitled to benefits despite losing your employment.

Full Answer

How does an attorney analyze a wrongful termination case?

An attorney considers a number of facts when analyzing a wrongful termination case and seeks information tending to prove that, despite the employee being fired for cause or for no reason, the termination was unlawful. Common considerations include the following:

Can I keep my health insurance if my employer terminated?

As long as you weren't terminated for something like "gross misconduct" (for which each state has their own definition), you should retain the right to keep your insurance. Your chosen method by which you keep your coverage will depend on your employer, the state you live in and your finances.

Can I bring a wrongful termination lawsuit against my employer?

If you believe you have lost your job for an unlawful reason, you may have a claim for wrongful termination against your former employer, even if you were fired "for cause." Because bringing a wrongful termination action can be challenging and involve complicated legal proceedings, it may be in your best interests to consult with an attorney.

Can an employee terminate an employment contract for any reason?

Most employees don't have written employment contracts. But if you do have a contract that limits the reasons for termination, any other reason for termination is a breach of the employment contract. An attorney can work with you to review your contract and determine if a stated reason for termination is contemplated by the contract.

Do I need a lawyer for EDD appeal?

The unemployment appeal process is simple and tailored for claimants and employers who do not have an attorney. At an informal hearing the Administrative Law Judge (ALJ) advises all parties of their rights and conducts most of the questioning of witnesses.

How do I fix EDD disqualification?

If you are disqualified from receiving benefits, you have the right to appeal within 30 days of the mailing date on your Notice of Determination. Visit Unemployment Insurance Appeals for more information on the process.

How do I sue the EDD?

To file a complaint: For your convenience, you may use the Employment Development Department Discrimination Complaint Form (DE 8498), to complete and mail your complaint. Complaints also may be submitted to EDD by email at EEOmail@edd.ca.gov. More Information on how to file can be found on the CRC website.

How do I appeal an EDD successfully?

You have the right to appeal the EDD's decision to reduce or deny you benefits. You must submit your appeal in writing within 30 days of the mailing date on the Notice of Overpayment (DE 1444) or Notice of Determination and/or Ruling (DE 1080CZ).

What can disqualify you from unemployment benefits?

Unemployment Benefit DisqualificationsInsufficient earnings or length of employment. ... Self-employed, or a contract or freelance worker. ... Fired for justifiable cause. ... Quit without good cause. ... Providing false information. ... Illness or emergency. ... Abusive or unbearable working conditions. ... A safety concern.More items...•

Do you have to pay back EDD disqualification?

You will have to pay a 30 percent penalty in addition to the overpayment amount. You may also be disqualified for future benefits for up to 23 weeks. Non-Fraud: If the overpayment was not your fault, it's considered non-fraud.

Can you sue the state of California for unemployment?

The EDD cannot be sued for their inefficiency, lack of diligence, mistakes or any other claim you might want to make based on the facts you have stated. The government is rife with this kind of operation, and the government cannot be sued for this.

Can I sue EDD for emotional distress?

Fortunately, the law in California recognizes that fact and allows victims to recover for their mental anguish or emotional suffering. So when people ask us, “Can you sue for emotional distress in California?” the answer is yes.

Who do I call to sue the EDD?

If you are unable to resolve the issue and require further assistance, contact the EDD Taxpayer Advocate Office at 1-866-594-4177 (toll- free) or 1-916-654-8957.

What happens if you lose an appeal?

If you win the appeal, your opponent could seek to appeal the appeal. If you win the appeal, the case might be sent back for a new trial leading to further expense. Losing the appeal may mean paying the other side's legal costs.

What should I say in my EDD appeal?

An EDD appeal letter format should include the date the EDD decision was made, the name and social security number of the person who has been denied unemployment benefits and names of former co-workers or supervisors who are willing to testify in a hearing in support of the person appealing the EDD decision.

How long does an EDD appeal take?

In a written response, the EDD told ABC10 it is taking “approximately 4-6 weeks” for it to review appeals cases for potential redetermination and avoid further appeals.

What does disqualification for week ending mean?

When you claimed benefits for the week(s) ending (dates), you declared you had no work or earnings. After considering available information, the Department finds that you do not meet the legal requirements for payment of benefits.

How long does it take for EDD appeal decision?

In a written response, the EDD told ABC10 it is taking “approximately 4-6 weeks” for it to review appeals cases for potential redetermination and avoid further appeals.

What to do if you are fired for illegal activities?

If the circumstances of your firing suggest that it might have been illegal, you may want to consult with an employment lawyer. A lawyer can review the facts and assess whether you have any potential legal claims. If so, a lawyer can help you think through what you want to do (if anything) to assert your rights.

What is an example of a legal claim?

For example, an employee who is fired for exercising a legal right (such as the right to vote), refusing to commit an illegal act (such as lying to government auditors or mislabeling company products), or reporting wrongdoing (such as accounting fraud) may have this type of legal claim.

Can an at will employee be fired?

Even at-will employees can't be fired for discriminatory reasons, in retaliation for reporting harassment or other wrongdoing, or because they exercised a legal right, for example. In this situation, an employee should consider consulting with an employment attorney.

Can you be fired for vesting stock options?

You have an employment contract limiting the employer's right to fire you. In any of these situations, your firing may have been illegal -- or it may not .

Is it illegal to fire an employee?

It's illegal to fire an employee because of race, color, national origin, religion, sex, disability, genetic information, or age (if the employee is at least 40 years old); state and local laws often protect additional characteristics, such as marital status, sexual orientation, and gender identity. Retaliation.

Is it legal to be fired for poor performance?

So, for example, an employee who is fired for poor performance, attendance problems, or misconduct -- or even for just being a poor fit or "not working out" -- generally won't have any recourse against their employers. This doesn't mean that every firing is legal, however.

Do you have to give consent to a lawyer to text you?

You are not required to provide consent as a condition of service. Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary.

How to get benefits from a state?

In order to obtain benefits from your state’s system, you must demonstrate that you meet the eligibility criteria. If the state denies your claim, you have the right to appeal that decision. Most states have a very short deadline for filing an appeal, so you must move quickly.

How to continue unemployment benefits?

To continue to receive unemployment compensation, workers typically need to file weekly claims for benefits and document their work search efforts. While you are waiting for your hearing, you should continue to meet these requirements. If you fail to do so, you may be denied benefits even if your appeal is successful.

How long does it take to appeal unemployment?

Typically, you have a very short period of time in which to appeal. The deadline to file may be between ten and 30 days after you receive a notice of denial from the state.

What happens when you review your unemployment claim?

When reviewing your unemployment claim, the state will evaluate the information that you have provided and notify your last employer. The state may contact your employer directly, or provide the employer with an opportunity to contact them. The denial of your claim could have been the result of problems or deficiencies in the information ...

What to do after filing an unemployment appeal?

After you file your appeal, you should receive a notice from the agency with instructions on how to do that. If you do not, call your state unemployment agency and ask for guidance. If the hearing is in person rather than over the phone, you should dress and groom yourself appropriately.

What to do before a termination hearing?

Before the hearing, carefully review the determination letter, any documents you have submitted to your state unemployment agency, and any documents you received from your employer about your termination. Writing down a timeline of events or making a short list of what happened can be helpful.

What happens if you are fired for cause?

You were fired for cause. Unemployment benefits are available to people who are out of work through no fault of their own. This might include layoffs, reductions in force, business closures, and other events that do not involve any wrongdoing on your part.

How long do you have to have state insurance before you are fired?

To be eligible, most state laws require that you've already had coverage for at least three months before being fired. To find out more, contact your state insurance office or labor department.

What happens if you are fired from the ACA?

If you've been fired, you've got a 60-day enrollment window to shop for a plan using the ACA Marketplace. Being fired allows you to get onto a new plan outside of the yearly open enrollment period, ...

How long does it take to pay Cobra insurance?

You'll be required to make an initial premium payment within 45 days. You're out of luck if you don't pay your premium on time — your COBRA coverage will be automatically canceled. The coverage is retroactive, so if you happen to get injured or sick before COBRA kicks in, you're still covered.

How long can you cancel Cobra?

You're not locked in — you can cancel at any time within 18 months. If you get hired by another company that offers health coverage, you can drop COBRA. The in's and out's of COBRA can be confusing. The Employee Benefits Security Administration's website spells out all of the details.

Can you keep your health insurance if you were terminated?

Your chosen method by which you keep your coverage will depend on your employer, the state you live in and your finances.

Can I get my spouse's health insurance if I lost my job?

Losing your job qualifies you for a special enrollment period, so you don't have to wait until the beginning of the calendar year .

Does Cobra cover state and local government?

COBRA only applies to private-sector companies with at least 20 employees, or to state and local government employers. The downside of COBRA coverage is that it's more expensive because (former) employers no longer cover any of the costs.

What happens to long term disability if you lose your job?

What happens to long-term disability if you lose your job? It is possible to continue receiving disability benefits after your employment has been terminated. If the payments are made by an insurance company, then you will continue to receive benefits.

When does employer sponsored healthcare end?

Employer-sponsored healthcare benefits typically end upon the final day of the month in which the employee was terminated, unless the employee elects to continue coverage via COBRA. This can cause issues with your ongoing long-term disability claim, as you are still required to provide ongoing proof of disability in order to maintain your ...

What is the difference between FMLA and FMLA?

The biggest difference is that a leave of absence under the FMLA is unpaid.

How long is FMLA?

The FMLA is a federal law, the purpose of which is to protect your job position while you are out of work. Thus, most employees are entitled to up to 12 weeks of unpaid, job-protected leave. Disability benefits are offered through your employer via private insurance policies and are typically paid in the range of 50% to 70% of your monthly earnings.

How long can you get short term disability?

The maximum amount of time an employee can receive short-term disability benefits varies based on the governing disability policy – employees can receive benefits for as short as several weeks or as long as one year. If your employment is terminated prior to filing a short-term disability claim, then you may face more resistance getting your claim ...

Can an administrator deny a disability claim?

In other words, the administrator cannot deny the disability claim simply because the employer terminated the claimant’s employment, unless the disability plan contains express terms to the contrary. It is also important to acknowledge an employee’s circumstances leading up to his or her last day worked prior to their disability.

Can you leave your job before filing a disability claim?

Most employees contemplating filing a disability claim cannot simply “up and leave” their job – their main or sole source of income.