A mistake that California employees often make is believing that they will automatically be accorded unemployment compensation if they are out of work. This is not the case. The person must meet the eligibility requirements of the Employment Development Department to be granted benefits. When filing an Unemployment Insurance claim, the person must meet the following criteria — have received enough in wages during the base period, be unemployed on a partial or total basis, be unemployed through no fault of their own, have the physical ability to work, be available to work, be willing and ready to take work if it is available, be looking for work and be approved to receive training prior to training benefits being paid.
There are also weekly certifications required when a person is receiving unemployment. These are similar to the eligibility requirements when it comes to physical capability to work, availability to work, willingness and availability to work, and actively seeking employment for every week in which benefits are claimed. This can be done via several different means of communication including online, over the phone or through the mail. When a person does not meet the requirements to be eligible, there will be a phone interview with the EDD. Benefits might be reduced or denied as a result of the facts or perceived facts in the case. A person who has the person’s benefits reduced or denied can appeal that decision.
There is often confusion and a dispute over a person who quit the job or was fired from the job. The interviewer for EDD will gather information from the employer and the claimant and come to a decision as to whether or not the claimant can receive unemployment compensation. If there is a disagreement with the decision the EDD has made regarding quitting or being fired, an appeal is possible.
Part of employee benefits is receiving unemployment compensation if all the criteria have been met. When there is a denial of benefits or there is any other dispute when it comes to unemployment, a claimant has rights. Speaking to a legal professional about employee rights when it comes to unemployment and all the various factors that go into it can help with a case. That is the first call that a person should make when there is an issue of receiving employee benefits linked to unemployment.
Source: edd.ca.gov, “Unemployment Insurance — Meeting Eligibility Requirements,” accessed on April 26, 2016