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TOPIC: What is the basis for collecting Unemployment?

What is the basis for collecting Unemployment? 7 years 2 months ago #165

  • Neal1
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What is the basis for collecting Unemployment? Could i quit and still collect? or do i have to be fired or layed off? could i be a student?

What about fired because you can't work overtime or work weekends?

The Telephone Interview
Department staff call employers as well as claimants to resolve eligibility issues. Usually, we contact an employer and the former employee to obtain information about the reasons the individual quit or was fired from work. In the case of a discharge, it is the employer's responsibility to prove that the former employee was fired for misconduct connected with work. In the case of a quit, the individual must show that he/she had good reason for quitting a job.

How can claimants be better prepared to provide information to Department Interviewers?

The Department mails a notice of the time and date of a scheduled telephone interview to the claimant. The notice includes several questions that may be asked during the interview. The claimant should review the questions and gather all the records that may be needed for the interview. For example, a claimant will be asked to explain why he/she is no longer employed. Other issues that could come up during the interview may include efforts to look for work, ability to work and availability for work. It is important that claimants:

* Keep good employment records about actions or conditions that lead to the quit or refusal of an offer of new work
* Document what actions lead to the discharge
* Document actions taken to resolve issues and keep the job.
* Prepare for the interview by reviewing the questions included on the notice of interview
* Answer the Department interviewer's questions with detailed responses

Benefit Determination Guide
The Benefit Determination Guide presents discussions about unemployment insurance law. The discussions are based on state and federal law, state and federal regulations; case law from the United States Supreme Court, the California Supreme Court, lower federal and state courts and Precedent Benefit Decisions issued by the California Unemployment Insurance Appeals Board. There are eight volumes. Each volume provides discussion on one broad issue of unemployment insurance law. Department personnel use the Benefit Determination Guide to make proper decisions about eligibility for unemployment insurance benefits.

For more information you may find it useful to review our frequently asked questions and eligibility sections.


* Able and Available (AA)
* Miscellaneous (MI)
* Misconduct (MC)
* Preface (PR)
* Suitable Work (SW)
* Total and Partial Unemployment (TPU)
* Trade Dispute (TD)
* Voluntary Quit (VQ)

Pre-employment background checks for rehire maybe required for certain job positions, such as teachers, nannies, health care and elder care workers. These are determined by state and Federal law. Privacy rights during employment background checks are protected by the Fair Credit Reporting Act and California's Investigative Consumer Reporting Agencies Act.

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