What is the name of your state (only U.S. law)? California
My husband was employed for over 3 years with a company when one of their trucks hit him head on and he sustained a head injury. He filed for workers comp and the company denied the claim. So he filed for disability.
While he was on disability he heard that some people from his department were laid off. He was appealing the work comp issue and in the meantime was collecting disability. They never notified him one way or the other but as far as they knew he was on work comp appeal status/disability.
Yesterday he went to let them know he was being released from disability and was ready to go back to work and he was told that he was one of 6 people cut from the department. This was many many months ago. At least 6. And they never once contacted him to let him know.
So, he never filed for unemployment. His disability is ended. Is he able to file for unemployment?
One more detail is that while was on disability he received a settlement from the company due to a labor dispute where the company for 4 years had not paid the workers drive time. He was 1099 and W-2 for this. Does that count as income for calculating unemployment? Also, does his disability count as income for unemployment?
He is able to work and is looking for work. He was not terminated due to any of his own fault. But the employer never let him know he was terminated so he could file for unemployment. Even though it would have been denied due to being on disability, at least it would have got the toll going.
My husband was employed for over 3 years with a company when one of their trucks hit him head on and he sustained a head injury. He filed for workers comp and the company denied the claim. So he filed for disability.
While he was on disability he heard that some people from his department were laid off. He was appealing the work comp issue and in the meantime was collecting disability. They never notified him one way or the other but as far as they knew he was on work comp appeal status/disability.
Yesterday he went to let them know he was being released from disability and was ready to go back to work and he was told that he was one of 6 people cut from the department. This was many many months ago. At least 6. And they never once contacted him to let him know.
So, he never filed for unemployment. His disability is ended. Is he able to file for unemployment?
One more detail is that while was on disability he received a settlement from the company due to a labor dispute where the company for 4 years had not paid the workers drive time. He was 1099 and W-2 for this. Does that count as income for calculating unemployment? Also, does his disability count as income for unemployment?
He is able to work and is looking for work. He was not terminated due to any of his own fault. But the employer never let him know he was terminated so he could file for unemployment. Even though it would have been denied due to being on disability, at least it would have got the toll going.