If I won a lawsuit against my soon-to-be ex-employer, can I collect unemployment benefits?

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If I won a lawsuit against my soon-to-be ex-employer, can I collect unemployment benefits?

If I just won a lawsuit settlement against my employer and they are settling upon terminating me, can I collect unemployment benefits? It should settle any day now.

Asked on April 26, 2011 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

The issue is why are you being terminated? If it is "for cause"--e.g. for theft, for insubordination, for violation of employer policy, for assaulting a coworker or customer, etc.--then you would not be eligible for unemployment. Or if you initiated the separation (e.g. quit or resigned), you cannot collect. But if you are terminated for other reasons, you would be eligible. The issues of suing your employer (and winning) and eligibility for unemployment compensation should be separate, so if you meet the criteria (which you can find from your state dept. of labor; try their website, which usually has FAQ or something similar on the issue) for receiving unemployment compensation, you should be able to get it. Good luck.


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