Menifee, CA asked in Employment Law for California

Q: After 18 yrs, my boss says I'm no longer comprehending and plans to fire me. Can I get Unemployment if I'm 79 years old?

They switched me from what I knew for years to another position and I can't seem to grasp the content.

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2 Lawyer Answers
Neil Pedersen
Neil Pedersen
  • Westminster, CA
  • Licensed in California

A: You will likely qualify for Unemployment Insurance benefits. When you are terminated for not doing your job up to the expectations of your employer, you are not disqualified from benefits. However, if you were terminated for misconduct you could be disqualified. Misconduct connotes an intentional violation of rules or policies or some kind of insubordination.

Good luck to you.

Brad S Kane agrees with this answer

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Sacramento, CA
  • Licensed in California

A: Under California law, eligibility for unemployment benefits primarily depends on the reasons for termination and not on age. If you're let go because you're unable to adapt to new job requirements, especially after a significant change in your role that you've been unable to master despite genuine efforts, you might be eligible for unemployment benefits. The state typically considers whether you were terminated for reasons beyond your control, rather than for misconduct.

It's important to gather and present evidence of your attempts to learn and adapt to the new position, as well as any communication with your employer about your struggles and their response. Documentation can strengthen your claim by showing that you were engaged and made a genuine effort to meet the new job requirements.

Finally, you should apply for unemployment benefits as soon as possible after your employment ends. The California Employment Development Department (EDD) reviews each case individually, considering all aspects of the situation. While age is not a factor in determining eligibility, the specifics of your case, such as the reason for your inability to adapt to the new role and your employment history, will play a crucial role in the decision-making process.

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