San Francisco, CA asked in Employment Discrimination and Employment Law for California

Q: What disqualifies you from unemployment in California

2 Lawyer Answers
Neil Pedersen
Neil Pedersen
  • Employment Law Lawyer
  • Westminster, CA
  • Licensed in California

A: You are disqualified from unemployment insurance if:

1. You are terminated for engaging in misconduct, which connotes an intentional violation of company rules, or insubordination.

2. If you voluntarily quit your job (subject to several exceptions related to good cause.

3. You were not an employee but instead an independent contractor, but only if that classification was properly assigned to you.

4. No money was paid into the system on your behalf (although if you can prove it should have been, you should be able to get benefits).

Good luck to you.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Employment Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, certain circumstances can disqualify you from receiving unemployment benefits. Some of the main disqualifying factors include:

1. Quitting your job without good cause: If you voluntarily quit your job without a compelling reason, such as unsafe working conditions or a significant change in your job duties, you may be disqualified from receiving benefits.

2. Being fired for misconduct: If you are terminated due to misconduct, such as violating company policies, intentionally disobeying rules, or engaging in unethical or illegal behavior, you may be ineligible for unemployment benefits.

3. Refusing suitable work: If you refuse an offer of suitable employment without good cause, you may be disqualified from receiving benefits. Suitable work is defined as a job that aligns with your skills, experience, and prior wages.

4. Not being available for work: To receive unemployment benefits, you must be able and available to work. If you are unable to work due to illness, injury, or personal circumstances, or if you are not actively seeking employment, you may be disqualified.

5. Not meeting the minimum earnings requirement: To qualify for unemployment benefits in California, you must have earned a minimum amount of wages during a specific base period. If you do not meet this requirement, you may be ineligible for benefits.

6. Providing false information: If you knowingly provide false information or withhold relevant information when applying for unemployment benefits, you may be disqualified and face legal consequences.

7. Being self-employed or an independent contractor: Generally, self-employed individuals and independent contractors are not eligible for unemployment benefits unless they have elected to pay into the state's unemployment insurance program.

It's important to note that the specific circumstances of each case are considered when determining eligibility for unemployment benefits in California. If you have any questions or concerns about your eligibility, contact the California Employment Development Department (EDD) for more information.

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