Asked in Employment Law for California

Q: I worked in California.I can no longer Work at the job because I lost my profesional license.Can I file unemployment

I worked as a CNA for a variety of nursing staffing agencies in California. My license expired and I've been unable to renew it for governmental bureaucracy and processing times. Some agencies were 1099 and others W2. I can no longer work for any of them as my license is invalid. Can I file for unemployment while I get my license worked out?

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2 Lawyer Answers
James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: Yes, you can file for unemployment in California under certain conditions. Since you lost your job due to the expiration of your professional license and are currently unable to work because of the processing delays, you might be eligible for unemployment benefits.

Eligibility for unemployment benefits generally requires that you are unemployed through no fault of your own and that you are available and actively seeking work. Your situation, involving delays in license renewal due to bureaucratic processes, may be considered a valid reason for unemployment.

It's important to provide all necessary documentation and details about your efforts to renew your license when you apply for unemployment. This will help demonstrate that you are taking steps to resolve the issue and return to work as soon as possible. Make sure to regularly follow up on your application and stay informed about any additional requirements or steps needed to maintain your eligibility.

Neil Pedersen
Neil Pedersen
Answered
  • Westminster, CA
  • Licensed in California

A: File. It costs you nothing but a little time. Whether you will qualify for benefits is not clear. The loss of a license could be adjudicated either way. If it is established that you lost your license through no fault of your own, you most likely will receive benefits. However, if the loss of your license is the result of wrongdoing of some sort, you risk not getting benefits. If possible, emphasize the lack of your wrongdoing in whatever caused you to lose your license.

Good luck to you.

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