If I was told by my employer that I was gna be able to collect unemployment with my severance package and it doesn’t happen, can I sue for breach

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If I was told by my employer that I was gna be able to collect unemployment with my severance package and it doesn’t happen, can I sue for breach

I was told that I would be able to collect
unemployment after I signed my
contract. My employer had my cousin
that also works there and pick me up
from my home, I had been drinking and
was intoxicated and my cousin knew
that. They kept my belongings and
ignore my request to pick them up

Asked on June 30, 2017 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You can sue for breach of contract if the employer agreed to not contest your filing for unemployment but instead they do; in that case, by contesting your application when they said they would not, they would have violated their obligations. However, you cannot sue them for breach of contract if you benefits are delayed or denied for some reason not under their control; they are only responsible for their own actions.


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