Unemployment Benefits in California

Under California law, unemployed citizens who qualify are entitled to receive unemployment benefits for a period of time (generally no more than 18 months). The benefits include money to support the unemployed person during the period of unemployment to allow him or her to find new employment in an efficient manner.

The first step to eligibility to collect unemployment in California is that you must be legally unemployed. This is as simple as it sounds: you cannot have a job and qualify for unemployment (in fact, it is a felony to collect unemployment if you are employed). Your unemployment must not be voluntary. This means that you cannot quit, resign, or take a leave of absence and collect unemployment benefits. You must be fired or laid off.

In some rare instances, you may be able to establish that you were forced to quit, such that you had no choice. This is a "constructive firing," and generally an employee must show that employment circumstances were so unreasonable as to "force" you to quit. Again, this is rare, so it is generally a bad idea to quit a terrible job under the assumption that you will still qualify for unemployment benefits.

A common misconception is that you cannot collect unemployment benefits if you were fired for good cause. In California, this is not true. Even if you were fired for being constantly late or incompetent, you most likely still qualify. Under the law, an unemployed person will only not qualify if they were fired for "gross misconduct" (this usually means that you committed a willful act that caused or had potential to cause physical or financial harm; some examples of "gross misconduct" would be operating heavy machinery while drunk, stealing from the employer, or assaulting a customer or co-worker).

To apply for unemployment benefits, you must file with the Employment Development Department (EDD). This can be done in person, by phone, or online. Online is recommended, since the phone lines and offices can be quite busy, and may require you to wait. To apply online or for information or office locations, check the EDD website (link below). The amount that you will be eligible to receive and the period of time for which you can receive it will depend on numerous factors (such as past income, employment history, and likelihood of finding a job).

Once you have applied for unemployment benefits, your previous employer will have an opportunity to appeal you eligibility. This is fairly uncommon, though in some cases (such as if the employer feels that you left the job voluntarily) it does occur.

If you are denied benefits, you will receive a letter indicating that you have been denied, and stating a deadline for appeal. This deadline is important, because if you wish to appeal the decision, you must file an appeal by this date. The appeals process is fairly simple, and can be started using a form provided by the EDD. Next, you will have an appeals hearing. The hearing takes place in front of a judge, but is fairly informal. If you miss the deadline for a legitimate reason (for example, you were hospitalized or out of the country) contact the EDD, you may be granted an extension.

Once you receive benefits, you will be required to check in with the EDD for time to time to show that you are seeking new employment. Once you find a new job, your benefits will cease.