What Unemployment Benefits Does California Offer?
Unemployment insurance (UI) was first introduced through the Social Security Act in 1935. It encompasses a collaborative federal-state initiative that provides eligible employees with a percentage of their former income. The operational responsibility for UI lies with individual state governments, each administering its own distinct program. Oversight and regulation of the system, however, falls under the purview of the U.S. Department of Labor.
As each state government is afforded the flexibility to tailor the program to its specific needs, considerable variations exist in eligibility criteria, benefit calculation methods, and the duration of the benefit period. This approach allows states to address unique economic circumstances and labor market conditions.
Before applying for unemployment benefits, individuals facing unemployment should proactively determine their eligibility based on the specific guidelines of their state's program. This strategic approach ensures that applicants are well-informed about the unique rules and provisions that govern unemployment benefits in their state, contributing to a smoother and more successful application process.
How Do I Know if I Qualify
The California UI program is administered by the California EDD, which determines eligibility. For weekly UI benefits, those who lost their job or experienced reduced hours through no fault of their own, specifically W-2 employees, can apply.
If you are self-employed or an independent contractor, automatic eligibility is not granted as your contributions to the UI program are not covered. You qualify only if you served as an employee in the preceding 18 months for an employer who contributed to the system on your behalf. Should you believe you fit the employee definition but were mistakenly classified as a contractor, you have the option to file a claim for benefits. The department will then determine your eligibility based on the information provided.
Additional eligibility requirements, aside from job loss or reduced hours, include:
- Being physically able to work.
- Being available for work.
- Being ready and willing to accept work immediately.
- Being more than minimally attached to the workforce.
To further assess whether you qualify for benefits," the state examines your earnings over 12 months within the previous year and a half. To qualify, you must have earned at least $1,300 in one of the quarters during that period or a minimum of $900 in your highest-paid quarter (your “base period”), plus at least 25% of that amount in the other three quarters combined.
UI benefits are exclusively available to individuals authorized to work in the United States. This excludes many noncitizens, such as unauthorized immigrants in California constituting 9% of the state’s workforce. If your work permit expires before your UI benefits end, the EDD may extend your benefits if you can demonstrate at least one year of prior work, as per the EDD.
If you voluntarily
resign from your job, you are not automatically eligible for UI, nor are you automatically disqualified. You must file a claim with the EDD and provide evidence that your
resignation was for a valid reason. Your employer also has the potential to impede your benefits. If your employer can demonstrate that you were terminated due to misconduct, you would be ineligible for UI benefits.
How Do I Apply?
Anyone can apply for unemployment benefits, but approval depends on meeting state requirements. In California, you can apply online, by phone, mail, or fax, with
UI Online providing a convenient option. The process involves submitting a photograph, copies of primary and secondary IDs, and details about your previous employer, including contact information and reasons for unemployment.
You must provide information on your employment history for the last 18 months, including gross earnings. Federal employees should include details from the "Notice to Federal Employees About Unemployment Insurance." If the EDD approves your application, you'll receive a Notice of Unemployment Insurance Award, indicating the benefit amount.
Applicants approved for the state's unemployment program attend a meeting at America’s Job Center, where they receive assistance with workshops and job search services. The final step involves actively seeking employment, with unemployment programs monitoring job searches. Weekly claims must be submitted to maintain eligibility, and failure to do so can lead to benefits being suspended. A decision on your application is typically received within ten business days of submission.
Conclusion
While filing an unemployment insurance claim may seem straightforward, the EDD denies qualifying Californians regularly. Seeking legal assistance is crucial, especially if benefits alone may not cover your financial obligations during the job search.
If you're facing challenges meeting your financial obligations of because of unemployment,
consult with LFECR, an experienced employment law firm that can provide guidance, support, and legal representation to help you navigate this difficult period.
If you or someone you know is seeking support, our experienced labor rights lawyers at Lawyers for Employee and Consumer Rights are here to guide you toward a resolution that upholds your rights and dignity.
Call
844-697-4448 today for a free and confidential consultation to get the help you need and deserve.
