Unemployment Insurance

California's unemployment insurance system provides monetary bi-weekly unemployment compensation benefits up to a maximum benefit of $450.00 per week for up to 26 weeks for persons unemployed through "no fault of their own." A person is unemployed through no fault of his or her own if he or she (1) was laid off; (2) worked full-time hours that were reduced to part-time hours; (3) voluntarily quit his or her most recent work with "good cause"; or (4) was not dicharged, i.e. fired or terminated, for "misconduct" connected with his or her most recent work.
Eligibility Criteria For 
Unemployment Insurance Benefits?

Generally, a Claimant--person claiming unemployment benefits--is eligible for benefits if all of the following is true: he or she is (1) unemployed due to no fault of his or her own; (2) physically able to work; (3) actively seeking work; (4) ready to accept work immediately; (5) has received enough wages during the standard base or alternative base period to establish a claim; and (6) meets eligibility requirements each week benefits are claimed, including but not limited to being properly registered with CalJobs. An overview of these requirements can be found on California's Employment Development Department's (EDD) website at: http://www.edd.ca.gov/Unemployment/Eligibility.htm

Applied,
But
Denied?

Both the Claimant and the Employer have the automatic right to file an appeal to a written decision of disqualification made by the Employment Development Department (EDD). The appeal may be for the whole decision or any part of it. The Appellant--person/party filing the appeal--must submit a statement in writing explaining the reasons he/she believes the EDD's decision is incorrect. The Appellant may use the enclosed appeal form (DE 1000M) mailed with the Notice of Determination (DE 1080) or write a letter and send it to the address specified on the DE 1080 notice.

Both the Claimant and the Employer have the automatic right to appeal the Employment Development Department's (EDD) Notice of Determination/Ruling. The appeal may be for the whole decision or any part of it. The Appellant--person/party filing the appeal--must submit a statement in writing explaining the reasons he/she believes the EDD's decision is incorrect. The Appellant may use appeal form (DE 1000M) mailed with the Notice of Determination (DE 1080) or write a letter adhering to the requirements of CCR title 22, Section 5008 and send it to the address specified on the DE 1080 notice.

 

If the EDD does not redetermine its original ruling, then the EDD will forward the case to a local California Unemployment Insurance Appeals Board (CUIAB) office. The location is dictated by the Claimant's address. The local CUIAB will set the matter for hearing within 3-6 weeks of the date the first level appeal was filed.   

 Re-Determination
And/Or First Level CUIAB Appeal Before An ALJ 

Won The CUIAB Hearing, But The Opposition Is Appealing The ALJ's Decision?

Or perhaps you lost the first appeal and want to appeal the Administrative Law Judge's (ALJ) decision. Well, both you and the opposition have the right to timely do such within 30 days of the mailing date listed on the ALJ's Decision. Be mindful that a CUIAB "Board Appeal" is not another hearing, so hopefully you were able to provide adequate evidence for this second level appeal.

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