From Your Employment Attorney

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Filing a Claim for Unemployment Insurance Benefits

In this article, Brian E. Hawes, Esq. explains in easy to read terms the process of filing a claim for unemployment benefits. He describes what a “New Claim” is, and how it differs from an “Additional Claim” and a “Reopened Claim.” He explains the importance of filing “Continued Claims,” and what information is required in a Continued Claim in order to ensure that […]

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Being Denied Unemployment Benefits – Misconduct Caused By Not Getting Along With Co-Workers

Should you be denied unemployment benefits if you were fired for fighting at work? What if you were let go for annoying behavior toward co-workers. Will you get your benefits then? Does an inability to get along with co-workers automatically keep you from getting your unemployment benefits? These and other questions, arising when a discharge is for unsatisfactory relations with co-workers, are discussed […]

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Insubordinate at Work? You May Still Be Entitled to Your Unemployment Insurance Benefits.

If your employer says you were discharged for “insubordination,” does that mean you automatically lose your unemployment benefits? Not necessarily! Not every disagreement at work is legally considered “insubordination.” For instance, did you know that the employer’s statement that you committed insubordination represents only one viewpoint. The acts which led to your discharge, and your reason for doing (or not doing) the […]

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Can You Get Your Unemployment Insurance Benefits if You Have Been Discharged for “Misconduct” for Violating an Employer Rule?

A discharge by an employer of an individual for violation of an employer rule is for misconduct connected with the work ONLY if the rule is reasonable, the individual knew or should have known the rule, and the violation is willful or wanton, material, and substantially injures or tends to injure the employer’s interests. In […]

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How Long Does the Unemployment Insurance Appeals Process Take?

You have received a Notice of Determination or Ruling from the EDD denying you unemployment benefits. Or you have received a Notice of Overpayment demanding repayment of your benefits along with a hefty penalty. You promptly appealed the decision within the time required by mailing it to the address indicated on the notice. How long […]

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