Unemployment Benefit is a part of Income for Lawsuit Recovery

[peterlee]

What is the name of your state (only U.S. law)? CA
Can someone know if there is a recovery from employment lawsuit, unemployment benefit will be included as income, which will be greatly deducted from the recovery. I heard before that unemployment benefit is not calculated as income when talking about the recovery in employment lawsuit. Please help advise, thank you.

 

[Beth3]

You need to explain what you're talking about. Who sued whom (the employer sued you or you sued the employer?) and who prevailed and therefore is entitled to recovery?

 

[peterlee]

Thank you.

The case is about employee suing former employer for wrongful termination. The employee have unemployment benefits. The lawsuit is still on. I assume in case the employee prevails the case, the back wage which the former employer will pay, will deduct the unemployment benefits which the employee claimed in the period of the litigation from EDD?

 

[ecmst12]

I think that your UC benefits won't be DEDUCTED from your settlement, but that you will have to pay the state back out of the settlement.