wp-paginate
domain was triggered too early. This is usually an indicator for some code in the plugin or theme running too early. Translations should be loaded at the init
action or later. Please see Debugging in WordPress for more information. (This message was added in version 6.7.0.) in /home5/californ/california-labor-law-attorney.com/wp-includes/functions.php on line 6114updraftplus
domain was triggered too early. This is usually an indicator for some code in the plugin or theme running too early. Translations should be loaded at the init
action or later. Please see Debugging in WordPress for more information. (This message was added in version 6.7.0.) in /home5/californ/california-labor-law-attorney.com/wp-includes/functions.php on line 6114wordpress-seo
domain was triggered too early. This is usually an indicator for some code in the plugin or theme running too early. Translations should be loaded at the init
action or later. Please see Debugging in WordPress for more information. (This message was added in version 6.7.0.) in /home5/californ/california-labor-law-attorney.com/wp-includes/functions.php on line 6114California is already experiencing a surge in the number of unemployment claims, as employees are laid off, furloughed, or have their work hours reduced. As of May 7, 2020, more than four million Californians have filed for unemployment from mid-March when the COVID-19 global lockdown started, and the government claimed to have paid out over ten billion dollars.<\/span><\/p>\n As the number of applicants continues to increase, some employees may receive unemployment funds in the State, but not all are qualified for the employment benefits. This article provides general information and a better understanding of the various requirements that must be met to qualify for unemployment benefits in California.<\/span><\/p>\n The California Employment Development Department (EDD) process unemployment claims and determines employee eligibility. They have set eligibility requirements for the benefits. To qualify, the EDD generally requires that the applicant must be:<\/span><\/p>\n The applicant must also continually meet the eligibility requirements, that is, prove the conditions above on a weekly basis. With that said, let us examine some of the conditions mentioned above.<\/span><\/p>\n <\/p>\n The Employment Development Department will look at the employee\u2019s recent earnings during a predetermined “base period\u201d \u2013 usually one-year before filing for unemployment. In California, the base period is generally a specific 12-month term before an employee files for unemployment. It is used to check if the employee has earned sufficient wages to establish an unemployment claim.<\/span><\/p>\n For instance, if an employee files for unemployment in September of 2019, the base period would be from May 1, 2018, through April 31, 2019. The EDD will also consider the employee\u2019s recent work history when the employee files for unemployment.<\/span><\/p>\n During the base period, eligible employees must have earned a minimum of:<\/span><\/p>\n <\/p>\n Generally, California employees who are temporarily out of work due to a company\u2019s downsized for economic reasons or had their hours significantly reduced(or entirely cut), at no fault of their own may be eligible to collect unemployment benefits under California\u2019s partial benefit program. The program is for workers that their employers want to keep regardless of the existing lack of work. The employer and the employee must both complete a \u201cNotice of Reduced Earnings\u201d form. By applying for unemployment through this program, an employee does not have to prove that they are available to work and actively seeking for other work. Note that the employee may become ineligible if they earn more than a set amount from their employer.<\/span><\/p>\n For employees that are fired and unemployed, the EDD will need to examine the reasons behind it and then make a personalized decision. If an employee is fired for lacking the skills needed to effectively perform their job duties or for not being a good fit, they may still qualify for unemployment benefits. On the other hand, an employee that is fired due to employee misconduct or breach of contract will not qualify for unemployment benefits. Misdemeanors can generally make an employee be ineligible for California unemployment benefits if:<\/span><\/p>\n Note: Incompetence or inability to do their job will not disqualify an employee from receiving benefits in California.<\/span><\/p>\n <\/p>\n California employees that apply for unemployment claim must be able to work, ready to accept a job, and actively seeking work. The applicant must confirm that they meet these conditions while submitting their claim for unemployment benefits. They must keep records of those employers they have contacted, the dates they contacted the potential employers, and the outcome. The Employment Development Department usually asks applicants to provide details about the employers contacted and the outcome.<\/span><\/p>\n <\/p>\n In view of the COVID-19 coronavirus pandemic, California\u2019s unemployment eligibility requirements have been relaxed significantly. Consequently, applicants will not have to meet all the necessary conditions to receive benefits. Employees are eligible for unemployment if they are partially or totally out of work due to COVID-19 outbreak, or are isolated and unavailable to work subject to a request from their employer or physician.<\/span><\/p>\n Employees are not required to present work-search proof if they are out of work due to the COVID-19 epidemic. At the same time, they will not be placed into work through EDD\u2019s placement program. For employees that are not planning to return to the same employer, they are only required to show two work search activities per week. Furthermore, the one\u2013week waiting period for filing a claim has been waived due to the COVID-19 coronavirus pandemic.<\/span><\/p>\n According to EDD, applicants are encouraged to file their unemployment application the first week they have reduced work hours or lose their job. The certification starts on the Sunday following when the request was submitted and covers the two previous weeks.<\/span><\/p>\n <\/p>\n California unemployment claims are not only available to employees that are completely out of work. Employees that are working part-time may still qualify for unemployment benefits, depending on their earnings and some other circumstances. California has several programs that provide partial unemployment benefits to part-time workers \u2013 a portion of what they would receive if they were fully unemployed.<\/span><\/p>\n <\/p>\n California employees that quit their jobs voluntarily are generally not eligible for unemployment claims. However, there are good reasons for quitting that will not disqualify an employee from receiving benefits. For instance, employees that quit their job due to unsafe working conditions, illegal discrimination, fraud by your employer, harassment may collect unemployment benefits. In this case, the employee must prove good cause for quitting, and that any other person who really wanted the job would have quit under the same circumstances. To be eligible for benefits, the employee must have discussed the issue with their employer and allowed a reasonable amount of time for the employer to fix the problem before quitting.<\/span><\/p>\n Some employees may also quit their job for genuine reasons that have nothing to do with their employers. These include family problems like domestic violence, childcare, severe health issues, or the need to look after a family member that is critically sick. California employees that quit their job for reasons such as these will likely be eligible for unemployment benefits.<\/span><\/p>\n The employee Development Department may not find a good cause if the worker\u2019s childcare choices are feasible but just undesirable. Similarly, an employee will generally not be eligible for unemployment if they quit their job due to the high cost of childcare. Under this rule, the cost of childcare cannot be considered when deciding whether the claimant had good cause for quitting their job.\u00a0 However, some situations may arise where the cost of available childcare is unreasonable. In this case, the employee may be eligible.<\/span><\/p>\n <\/p>\n\n
\n
PREVIOUS EARNINGS<\/strong><\/span><\/h2>\n<\/li>\n<\/ol>\n
\n
\n
TOTAL OR PARTIALLY UNEMPLOYED<\/strong><\/span><\/h2>\n<\/li>\n<\/ol>\n
\n
\n
READY AND PHYSICALLY AVAILABLE FOR WORK<\/strong><\/span><\/h2>\n<\/li>\n<\/ol>\n
ELIGIBILITY REQUIREMENTS RELATED TO CORONAVIRUS<\/strong><\/span><\/h1>\n
PART-TIME WORKERS ELIGIBILITY FOR UNEMPLOYMENT CLAIM IN CALIFORNIA<\/strong><\/span><\/h1>\n
JOB QUITTING AND ELIGIBILITY FOR UNEMPLOYMENT BENEFITS<\/strong><\/span><\/h1>\n
APPLYING FOR UNEMPLOYMENT IN CALIFORNIA<\/strong><\/span><\/h1>\n