November 18, 2012 by Law Office of Cyrus Mor
A common misconception is that individuals are not eligible to receive unemployment benefits if he/she was fired from their job. However, this is just not the case. You still may be eligible to receive unemployment or disability benefits even if you were fired!
Often times individuals will be denied benefits by the EDD because their former employers alleged that they were fired due to misconduct. However, if you appeal the EDD’s decision, the burden of proof shifts to the employer, whereby the employer must prove the specific misconduct which allegedly occurred.
Moreover, even if the employer can prove that a single act of misconduct occurred, this is usually not sufficient to prove misconduct. Such scenarios likely illustrate isolated instances which do not alone give rise to the level of misconduct required for denial of benefits.
Contact The Law Office of Cyrus Mor to find out more!