California Unemployment Advice

Legal Guidance for Denied or Contested Unemployment Claims

California’s unemployment insurance system is intended to provide temporary income to workers who lose their jobs through no fault of their own. In practice, many eligible workers in California are denied benefits after an employer challenges their claim or provides a disputed reason for separation.

At Seligson Law, we represent employees in unemployment benefit disputes and appeals, particularly where an employer’s objection does not accurately reflect the circumstances of termination.

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“I highly recommend Ken Seligson and his team. Throughout the entire process, he was professional, patient, and always kept me informed. If you’re looking for someone who will stand by you and not give up, Ken is definitely the one to call. I’m so grateful for everything he’s done!”

— Katherine M.

Understanding Unemployment Benefits in California

California unemployment benefits are administered by the California Employment Development Department (EDD). To qualify, an applicant must generally show that they are unemployed through no fault of their own and remain able and available for work.

Eligibility issues commonly arise when:

  • An employee is terminated for alleged misconduct
  • An employer claims the employee voluntarily quit
  • Performance or policy violations are asserted after termination
  • The employer disputes the reason for the separation

The EDD relies heavily on information submitted by both the employee and the employer when determining eligibility.

Employer Objections and Benefit Denials

Many workers first learn of a dispute only after their unemployment claim is denied. Employers frequently object by asserting misconduct, resignation, or performance issues that were not raised at the time of termination.

These objections often lead to denial of benefits, even where the employee would otherwise qualify. A denial does not mean the employer’s position is correct or supported by evidence.

Appealing a Denial of Unemployment Benefits

California law allows claimants to appeal unemployment denials. Appeals are time-sensitive and involve a formal administrative process that may include:

We help clients navigate all of it so that your business stays protected, aligned, and legally sound.

  • Written submissions
  • Employer records and policies
  • Testimony from both parties
  • A hearing before an administrative law judge

Statements made during an unemployment appeal become part of the official record.

For that reason, consistency, accuracy, and documentation are critical. Legal guidance during the appeal process can help ensure that the facts are presented clearly and in context.

Our Approach to Unemployment Claims

At Seligson Law, our process is built on transparency and trust. Here’s what you can expect:

Initial Consultation

We start with a private consultation to listen to your experience and assess potential claims.

Strategic Planning

We explain your rights and outline your legal options—including agency filings, settlement talks, or litigation.

Action & Advocacy

Our attorneys act swiftly to file the necessary claims, respond to employer pushback, and protect you at every turn.

Resolution & Results

Whether through settlement or trial, we pursue outcomes that provide closure and justice.

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FAQs

Who qualifies for unemployment benefits in California?

Most employees who lose their jobs through no fault of their own may qualify for unemployment benefits. This includes workers who were laid off or terminated for reasons other than misconduct. Eligibility depends on the reason for separation, prior earnings, and ongoing availability for work.

What reasons do employers use to deny unemployment claims?

Employers often object by claiming:

  • Misconduct
  • Poor performance
  • Policy violations
  • Voluntary resignation

These objections are reviewed by the state and may result in denial, even when the employer’s explanation is disputed.

When should I appeal a denied unemployment claim?

You should consider appealing as soon as you receive a denial notice. Appeal deadlines are short, and missing them may forfeit your right to challenge the decision. An appeal allows you to respond to the employer’s stated reason for denial.

Where are California unemployment claims and appeals handled?

Unemployment claims and appeals are handled through the California Employment Development Department (EDD), including administrative hearings conducted by an administrative law judge.

Why does my employer’s explanation matter so much?

The reason your employer gives for your separation directly affects eligibility. If the employer’s explanation differs from what you were told when you were terminated, that discrepancy may be central to your appeal.

How can a lawyer help with an unemployment appeal?

Our unemployment lawyers at Seligson Law can review the denial, assess the employer’s objection, help prepare evidence, and ensure that your position is clearly and accurately presented during the appeal process. Legal guidance can also help protect the administrative record.

Can I still get unemployment benefits if I was fired in California?

Yes. Being fired does not automatically disqualify you from unemployment benefits in California. The key issue is why you were fired. California unemployment law distinguishes between termination for misconduct and termination for other reasons, such as performance issues, inability to meet expectations, or workplace disputes.

If your employer claims misconduct, the burden is on the employer to prove that the conduct was willful, knowing, and substantially harmful to the employer’s interests. Many terminations labeled as “misconduct” do not meet that legal standard and can be successfully challenged on appeal.

What happens at a California unemployment appeal hearing?

A California unemployment appeal hearing is a formal administrative proceeding conducted by an administrative law judge through the California Employment Development Department. Both you and your former employer may present testimony, documents, and other evidence related to your separation from employment.

The judge will ask questions, review employer records, and evaluate whether the employer’s stated reason for termination or resignation is supported by credible evidence. Although these hearings are less formal than court trials, testimony is given under oath, and the outcome depends heavily on how clearly and consistently the facts are presented.

Can unemployment benefits affect a wrongful termination or employment lawsuit?

They can. Statements made during an unemployment claim or appeal become part of an official administrative record. If you later pursue a wrongful termination, retaliation, or discrimination claim, inconsistencies between your unemployment testimony and later legal claims may be raised by the employer.

For that reason, appeals of unemployment decisions should be handled carefully. During a consultation, we assess not only the unemployment denial itself, but also whether the facts surrounding your termination may support other employment claims you may not be aware of, including wage and hour violations, retaliation, discrimination, or harassment. This helps ensure your unemployment appeal is handled to protect both your immediate benefits and your broader legal rights.

Contact Our California Unemployment Lawyers Today

If your unemployment benefits were denied or your former employer is challenging your claim, having experienced legal guidance can make a meaningful difference. Our attorneys at Seligson Law represent California employees in unemployment disputes and appeals, with a focus on clarity, accuracy, and protecting your rights throughout the process. We’re here to help you understand your options and move forward with confidence.

Get started today: 213-293-6692