What circumstances can you file for unemployment




















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For those forms, visit the Online Forms and Publications section. More Information. Requirements to Apply When applying for unemployment benefits, you must: Have earned enough wages during the base period. Be totally or partially unemployed. Be unemployed through no fault of your own. Be physically able to work. Be available for work. Your benefit year end date is 12 months after the start of your Benefit Year. UI Online is the best way to file your claim. File online during the times listed below:.

Note: To file a claim online, you must be at least 18 years old. If you are underage, you can file your claim by phone, fax, or mail. Call us to file a claim at the following toll-free numbers, seven days a week from 8 a. Pacific time except on state holidays. If you have general questions or need help with account registration, password resets, your EDD Account Number, or how to use UI Online, contact us at from 8 a. Pacific time , seven days a week, except state holidays. Use the paper Unemployment Insurance Application.

Select one of the following that best describes your employment. If you have been affected by a disaster, complete the disaster section of the UI application. Fax your application to the number listed on the form. Mail your application to the address on the form and allow extra time for processing.

You will receive important documents from us generally within two weeks after you file for unemployment. Take the necessary steps to make sure your unemployment benefits are not delayed or denied.

Be sure to read and respond to all requests to avoid payment delays. You must meet all eligibility requirements when filing for unemployment and certifying for benefits. View our list of requirements to file a claim.

File for unemployment or Pandemic Unemployment Assistance quickly and easily online. Register and create an account with Benefit Programs Online. Grow Your Legal Practice.

Meet the Editors. If you quit a job without good cause, you may not qualify for unemployment benefits. Here are some reasons for quitting that might entitle you to collect unemployment. Constructive discharge. Most states allow employees to collect unemployment if their work situation had grown so difficult that they were essentially forced to quit for example, if you feel that quitting is the only option because of constant sexual harassment, dangerous working conditions that your employer refuses to remedy, or a manager's demands that you commit an illegal act.

If a reasonable person in that situation would have found the working conditions intolerable, quitting most likely won't make you ineligible for benefits. Legally, constructive discharge is considered a form of wrongful termination, not a voluntary quit. Medical reasons. In many states, an employee who quits because of an illness, injury, or disability may remain eligible for unemployment. Some states require that the medical condition be linked to the job.

In other words, the employee is covered only if the work caused or aggravated the medical condition. Another job. It also may not include a situation in which an employee quit because of illegal acts of an employer such as discrimination, but this depends on the unique circumstances involved. The employee engaged in willful misconduct that resulted in the loss of his or her job.

Examples of willful misconduct include:. Intentional violation of company policies or rules. The employer must be able to prove that the policy or rule exists and that the employee, regardless of having knowledge of this policy or rule, violated the policy or broke the rule intentionally. Failure to follow instructions. Again, the employer must show that it provided instructions to the employee and that the employee failed to follow those instructions. Excessive absenteeism or tardiness. This is considered willful misconduct if the employee does not have good cause for his or her absences or if the employee fails to report absences or tardiness according to company rules.

An example of a good cause for absences is absences due to illness or disability. Failing to meet normal standards of behavior. These are standards that any workplace would require but may not be explicitly stated in company rules, such as:. After reviewing the facts that led to the claim, if the employer believes that the employee has a legitimate right to unemployment, then the organization should submit the separation report to the unemployment commission and confirm the information contained in the report.

If the organization believes that the employee is not entitled to unemployment, it should proceed with the remaining steps. If the employer has determined that the employee does not have a right to unemployment based on its understanding of the facts surrounding the claim, the next step is to gather the evidence necessary to make its case to the unemployment commission.

The employer should gather all written evidence pertaining to the facts of the case such as the following:. Any disciplinary actions relevant to, or leading to, the termination. This demonstrates that the employee was aware of the violation of conduct and, in some cases, was provided an opportunity to correct the conduct.

Any additional documentation surrounding the particulars of the event that led to termination. Copies of this information should be sent to the unemployment officer responsible for conducting the hearing.

The separation report and indication that the employer will be attending the hearing should also be sent to the unemployment office. Some tips for participation include:. The representative should review and read the evidence the employer has submitted, and know the facts of the case prior to the hearing. Remove emotion. These situations can be emotional, as they deal with determining whether an individual will be receiving income that could potentially sustain him or her.

The representative should stick to the facts and not engage in argumentative conversation with the employee before, during or after the hearing. Be on time. The unemployment commission reserves only a few minutes for each case; if the representative is not available when the officer is ready to begin, the officer will move on without his or her input.

After the hearing is complete, the unemployment officer will usually tell the parties when they should expect to receive a determination in the case. When the employer receives the determination, if the commission has decided in favor of the employee, instructions will be included on how to appeal the decision.

Customarily, the unemployment officer will explain reasons for the determination. The employer should use that explanation to help decide whether an appeal is worthwhile. These scenarios may assist employers in determining whether there is good cause tocontest a claim; however, only the unemployment commission can make a determination regarding benefit awards, and the commission may disagree with an employer's opinion regarding unemployment eligibility.

ABC Company has a clear policy on absenteeism. Employees are required to call into work two hours before the start of their shifts and to speak with either a manager or a supervisor if they are unable to come into work.



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