Review of unemployment compensation in California

On Behalf of | Jun 28, 2018 | Employment Disputes

Although this blog has discussed California unemployment compensation before, a review of the eligibility requirements may be helpful. After all, San Diego employees who either have recently lost their jobs or sense they are in immediate danger of doing so may rely on unemployment insurance benefits to support themselves and their families while they look for new work.

Most fundamentally, a person who wants unemployment benefits has to be able and ready to go to work as soon as possible. A person who has decided to take some time off cannot receive unemployment. Indeed, someone who is already receiving benefits will have to show each week that he or she is ready to accept and is searching for a new job.

It is important to note that someone who is not able to work because of a physical or mental impairment may not be able to receive unemployment. Such people should instead consider filing a disability claim with their private insurance carrier or the Social Security Administration.

On a more controversial note, in order to get unemployment, the employee has to prove the unemployment was not his or her own fault. This means that those who quit their jobs voluntarily ordinarily will not receive unemployment. Likewise, someone fired for cause may not be eligible for benefits.

It can be a subject of dispute as to whether an employer had a good reason to fire an employee seeking benefits. These disputes can be controversial, and an employee may want to speak to an attorney about them.

Finally, an employee has to have made enough money in wages in order to get unemployment. If after applying a state-prescribed formula it appears that an employee would not get even the minimum $40 weekly benefit, then benefits will not be awarded at all.


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