What Disqualifies You From Unemployment in California?
Unemployment benefits provide financial assistance to workers who have lost their job through no fault of their own. In California, the Employment Development Department (EDD) administers the Unemployment Insurance (UI) program.
Eligibility for UI benefits is based on several factors, including the amount of wages earned during the “base period,” the reason for job separation, and the availability and willingness to work.
In addition, certain conditions can disqualify an individual from receiving UI benefits, including voluntary leaving a job, misconduct, or refusal to accept suitable work. In this article, we’ll take a look at what disqualifies you from unemployment in California.
1. Voluntary Leaving a Job
The most common reason for UI benefit disqualification in California is voluntarily leaving a job without good cause. Good cause for leaving a job includes, but is not limited to:
- Discrimination
- Harassment
- Unsafe working conditions
- Being required to work excessive overtime
- Being required to work outside the scope of your job duties
If an individual voluntarily leaves a job without good cause, they will be disqualified from receiving UI benefits.
2. Misconduct
Another reason for UI benefit disqualification in California is misconduct. Misconduct is defined as “willful or wanton disregard of an employer’s interests, a deliberate violation of an employer’s reasonable rules, or a disregard of standards of behavior that an employer has the right to expect from an employee.”
Examples of misconduct can include, but are not limited to:
- Violence
- Theft
- Excessive absenteeism
- Excessive tardiness
- Substance abuse on the job
If an individual is discharged due to misconduct, they will be disqualified from receiving UI benefits.
3. Refusal to Accept Suitable Work
Individuals are expected to actively seek suitable work while receiving UI benefits. Suitable work is defined as “work that pays at least the greater of either the prevailing wage or the wage paid to the claimant’s most recent job.”
If an individual refuses an offer of suitable work, they will be disqualified from receiving UI benefits.
4. Other Reasons for Disqualification
In addition to voluntary leaving a job, misconduct, and refusal to accept suitable work, other conditions may disqualify an individual from receiving UI benefits in California. These include, but are not limited to:
- Failure to register with the EDD
- Failure to provide requested information or documentation
- Failure to open or maintain a bank account
- Failure to make job contacts or attend job search interviews
- Being on a leave of absence
- Being incarcerated
- Being disqualified from receiving UI benefits in another state
5. How to Appeal a Disqualification
If an individual believes they have been unfairly disqualified from receiving UI benefits, they may file an appeal. Appeals must be filed within 30 days of the disqualification decision.
The appeal must include relevant facts, such as the reason for leaving the job, the reason for refusal of suitable work, or other evidence of the individual’s eligibility for UI benefits.
The appeal will be reviewed by an impartial hearing officer, who will determine if the individual is eligible for UI benefits.
6. When Benefits Can Be Restored
If an individual is disqualified from receiving UI benefits due to misconduct, they may be eligible for benefits in the future.
Benefits may be restored if the individual can demonstrate they have corrected the problem that led to the misconduct and they are able to perform suitable work. The individual must also demonstrate that they are actively seeking work.
7. How to Avoid Disqualification
The best way to avoid disqualification from UI benefits is to be honest and follow the rules. Individuals should report all wages earned, follow the EDD’s rules for job search activities, and accept suitable work when offered.
8. What to Do if You Are Denied Benefits
If an individual believes they have been denied UI benefits unfairly, they may file an appeal. The appeal must be filed within 30 days of the decision, and must include relevant facts and evidence.
9. When Benefits Are Paid
If an individual is found eligible for UI benefits, they will be paid biweekly. The amount of benefits paid will depend on the individual’s base period wages.
Individuals should report any wages earned while receiving UI benefits, as this may affect the amount of benefits they are eligible for.
10. Conclusion
In conclusion, unemployment benefits provide financial assistance to workers who have lost their job through no fault of their own. In California, the EDD administers the UI program, and eligibility is based on several factors.
Certain conditions can disqualify an individual from receiving UI benefits, including voluntary leaving a job, misconduct, or refusal to accept suitable work. Individuals should follow the rules and be honest in order to avoid disqualification.
If an individual believes they have been unfairly disqualified from receiving UI benefits, they may file an appeal. The appeal must be filed within 30 days of the decision, and must include relevant facts and evidence.
If an individual is found eligible for UI benefits, they will be paid biweekly. The amount of benefits paid will depend on the individual’s base period wages.