Can I receive unemployment benefits if I signed a W9 and was fired wrongfully?

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Can I receive unemployment benefits if I signed a W9 and was fired wrongfully?

Asked on November 15, 2012 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

What do you mean by "wrongfully"? If you were not fired for cause--whether agree with the reason or not, and whether it was "wrongful" or not--you should be eligible for unemployment benefits. On the other hand, if you were fired "for cause"--that is, for insubordination, for violating company policy, for commiting crimes at work, for excessive absenteeism, or the like--then expect that your company will oppose any application you make for unemployment benefits. In that case, IF you can prove that you did not do the thing your employer accuses you of, you should be able to receive the benefits, but this may be difficult if you have no evidence, other than your own testimony.


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