Q: I just signed a workman’s comp settlement. There was no letter of resignation involved because I was fired months ago
Due to a mass layoff. Does this mean I can file for unemployment.
A:
yes, but there may be some issues because you are filing late and there is a statute of limitations for unemployment benefits. It the statute has run, then you are barred from receiving benefits though you can probably apply on-line.
Normally to receive WC benefits you must attest that you are unable to work because you have work restrictions that cannot be accommodated by your employer, thus qualify for wage loss. With unemployment you must attest that you are ready and willing to work but cannot due to circumstance, for example being laid off or unable to find a job. They are mutually exclusive.
A:
Under California law, signing a workers' compensation settlement does not automatically disqualify you from filing for unemployment benefits. However, there are specific conditions that must be met to be eligible for unemployment.
Firstly, you must be unemployed through no fault of your own, which in your case seems to be due to a mass layoff, a qualifying reason. Additionally, you must be physically able and available to work, actively seeking employment, and ready to accept suitable employment.
The fact that you were terminated months ago due to a mass layoff suggests that your unemployment was not due to misconduct. This circumstance typically supports eligibility for unemployment benefits.
However, it's important to consider any stipulations in your workers' compensation settlement that might impact your unemployment eligibility. Sometimes, settlements can include clauses that might affect your ability to claim unemployment.
Your best course of action is to file for unemployment benefits and provide all necessary documentation regarding your layoff and settlement. The unemployment office will review your case and determine your eligibility based on the specifics of your situation.
Remember, each case is unique, and this advice is based on general principles. It's advisable to consult with an employment law attorney for specific guidance tailored to your circumstances.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
