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Can my employer prevent me from claiming insurance benefits?

Losing a job can feel like a sudden plunge into uncertainty. At such times, insurance benefits, particularly unemployment insurance, can offer you financial assistance.

However, there may be times in certain situations when you may face difficulties in claiming your insurance benefits, especially when it involves employer interference.

Why would an employer intervene?

While it is uncommon for employers to do this, there may be some possible reasons why they may hinder an employee from claiming insurance benefits. Some of the motivations behind this may be:

  • Dispute over eligibility: They might argue that you do not meet the eligibility criteria for unemployment benefits because you voluntarily left your job or were terminated for misconduct.
  • Cost concerns: A high number of claims can increase an employer’s contribution rates. They might try to contest your claim to reduce their financial burden.
  • Misclassification: If there is a dispute over your employment status (e.g., whether you were an employee or an independent contractor).
  • Retaliation: In some cases, they may act out of retaliation if they believe you filed for unemployment benefits as an act of revenge or to harm their business.

Still, there may also be times when employers may just simply misunderstand the unemployment insurance process. In such cases, open communication with your employer often resolves the misunderstanding. But what can you do if it is not the case?

When your employer poses hurdles

If you feel that your employer’s actions are unwarranted, here is what you can do:

  • Document everything: Keep a detailed record of all interactions with your employer regarding your unemployment claim. This includes emails, texts or any other communication.
  • Review your rights: Familiarize yourself with your rights as an employee seeking unemployment benefits. In California, employees have the right to file a claim if they meet certain criteria.
  • Contact the EDD: If your employer’s interference continues, contact the Employment Development Department (EDD). They can provide guidance and may help investigate the situation.

Seek legal assistance

If all else fails and your employer’s actions are unjust, consider consulting an attorney who can provide legal advice about your rights after losing a job. Remember, the unemployment insurance system is designed to support individuals facing job loss. Do not let challenges with your employer deter you from seeking the assistance you rightfully deserve.


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