FAQ’s

“At-will” employment means that, generally, an employer can terminate an employee for any reason, or no reason at all, as long as the reason is not illegal. Similarly, an employee can quit at any time. However, there are many important exceptions to the at-will rule, such as firings that violate public policy, anti-discrimination laws, or an employment contract.

See our page on Wrongful Termination Overview for details.

Eligibility for Unemployment Insurance (UI) in California depends on the circumstances of your job separation and meeting other basic requirements.

• If you were fired (discharged): You are generally eligible for UI benefits unless your employer can prove to the Employment Development Department (EDD) that you were fired for “misconduct” connected with your work. “Misconduct” under UI law is more serious than poor performance or simple mistakes; it typically involves a willful or wanton disregard of your employer’s interests or intentional wrongdoing. The burden is on the employer to prove misconduct.
• If you quit your job (voluntary resignation): You may still be eligible for UI benefits if you can show the EDD that you quit for “good cause”. “Good cause” means you had a real, substantial, and compelling reason that would cause a reasonable person to leave work under similar circumstances, and you generally must have made reasonable efforts to resolve the issues and preserve your employment before quitting. However, it is important to note that this standard is very fact-specific, and many employees who voluntary quit would not meet the eligibility for unemployment insurance in California. 

In either case, you must also meet other requirements, such as having earned sufficient wages during your “base period,” being able and available for work, and actively seeking work. (For a detailed understanding, an employee should consult EDD resources or seek advice, as each case is fact specific.)

If you would like to know more about your rights to unemployment or if you are interested in retaining an attorney for your unemployment and state disability benefits, do not hesitate to contact us. While we do not handle these matters personally, we can refer you to an attorney who can help.

These are personal attributes that cannot be used as a basis for employment decisions. In California, they include race, color, ancestry, national origin, religion, creed, age (40 and over), disability (mental and physical), sex/gender (including pregnancy, gender identity, gender expression), sexual orientation, medical condition, genetic information, marital status, and military or veteran status.

• Read more on our Discrimination Overview page.

Contact Brightwood Law Group, immediately. Carefully preserve all relevant documents and note dates, times, specific incidents, who was involved, and any witnesses. You may consider reporting the issue internally through your employer’s complaint procedures if you feel safe doing so. Most importantly, consult with an experienced employment attorney as soon as possible to understand your rights and options, as there are strict deadlines for taking legal action.