Unemployment Benefits

      Overview

If an employee is out of work or have had their hours reduced, they may be eligible to receive unemployment benefits. To receive unemployment benefits, the individual must meet all eligibility requirements when applying and when certifying for benefits. When applying for unemployment benefits, an individual must:

• Have earned enough wages during the base period.

• Be totally or partially unemployed.

• Be unemployed through no fault of their own.

• Be physically able to work.

• Be available for work.

• Be ready and willing to accept work immediately.

If a person believes they are misclassified as an independent contractor, they are encouraged to apply for benefits, and EDD will determine their eligibility.

A base period is a specific 12-month term the EDD uses to see if a person earned enough wages to establish a claim. To learn how EDD determines a person's base period, consult an experienced employment law attorney.

A person's weekly benefit amount (WBA) ranges from $40 to $450. To get an estimate of what one will receive, To learn how EDD determines a person's base period, consult an experienced employment law attorney.

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If a person is not eligible for unemployment, they may be eligible for Disability Insurance, Paid Family Leave, or Nonindustrial Disability Insurance.

FAQ:

Q: If a California employee is terminated or quits their job, are they entitled to collect unemployment benefits?
A: Generally, yes, but it depends. Employees who quit or are terminated from their job should consult an experienced employment law attorney to see if the still qualify for unemployment benefits.

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Q:  What if I lost my job and cannot work because of a disaster?

A: If a person is unemployed due to a disaster, you may be eligible for UI benefits or Disaster Unemployment Assistance.

Q:  Can I attend school or training and receive UI benefits?

A:  If a person is qualified, the California Training Benefits (CTB) program allows individuals to continue receiving benefits while in training that is approved by the EDD. If a person attends school or training and are not eligible for the CTB program, they may still qualify for UI benefits if they continue to be available for work and actively seek work.

Q:  If a person is sick or injured, and cannot work, are they eligible for UI benefits?

A:  Individuals are not eligible for UI benefits if they are sick or injured, but may be eligible for Disability Insurance benefits.

Q:  If  a person is taking care of a seriously ill family member or bonding with a new child, and cannot work, are they eligible for UI benefits?

A:  If a person is caring for a family member or bonding with a new child, you can file a claim for California’s Paid Family Leave (PFL) benefits. Caring for a new child includes the birth of a child, adoption, or foster care placement.

Note that one cannot receive PFL benefits for the same period of time they receive UI or Disability Insurance benefits.

Q:  How does vacation pay or holiday pay affect someone's eligibility to receive UI benefits?

A:  If a person were given a definite return-to-work date at the time they were laid off, EDD may deduct vacation or holiday pay from their benefits. Consult an experienced employment law attorney to learn how vacation pay or holiday pay may affect your eligibility to receive UI benefits.

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Q:  If someone receives a Notice of Determination (DE 1080CZ) and they are not eligible for benefits, what should they do?

A: A person has the right to file an appeal if they do not agree with all or part of EDD's decision.

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Q:  If a person is not a US citizen, can they collect UI benefits?

A:  To collect UI benefits, a person must show that they were in satisfactory immigration status and authorized to work in the United States when earning the wages they used to establish their claim.  The person must also give proof that they are currently in satisfactory immigration status, and are authorized to work each week that they claim benefits. Note that EDD verifies immigration status and work authorization through the Department of Homeland Security.

Q:  Are UI benefits deductions from employees wages?

A:  UI benefits are paid for by employer taxes. No deductions are taken from employees wages.

If you have any further questions or need additional information about unemployment insurance benefits, please contact me for a FREE confidential consultation at (916) 333-4653 or Stephen_Fiegel_ESQ@comcast.net.