California Employment Law
California Employment Law Questions Answered by Legal Experts
The requirements for receiving unemployment and continuing to receive unemployment on a continuous basis are that you must be able to work a full time job in your former occupation or any suitable occupation and that you must be available for work at any time. You cannot be absent from your home state for such a length of time and be able to demonstrate to the unemployment department that you were acitvely seeking work in CA and that you were actively available for any type of full time work that you are capable of. I have actually run into a few of these cases in and in all instances where the unemployment recipient is not in the US they cannot receive the weekly benefit. One case a woman went from New York to her native Jamaica for a month and she lost her benefits and another case where a young man went from CA to visit family in Ohio for just 2 weeks and he was also cut off from unemployment benefits. So, the botXXXXX XXXXXne is that you cannot remain absent from CA for such a long time and still collect unemployment compensation benefits.
Are you located out of the USA right now and collecting benefits at the same time??
NO I am in the USA now. I want to go out of USA for 5 months. My concern is if I have to pay back my previous benefits that I received for past 6 months? and when I am back can I continue to get bednefit till I get a job? and how long maximum I can get unemployment benefit?
You will not have to pay back any benefits that you have already received if you have received them while living in the USA and looking for a job. If you leave the country for a few months and then try to collect the benefits by calling from overseas and the unemployment offices become aware of it, then you will be cut off and you will be responsible for paying back any benefits that you recieved after you left the USA. When you return from overseas and resume a job search you can apply for additional unemployment benefits at that point when you are back in the USA.
I can just leave the USA without any official notice? and I can resume collecting the benefit from any point that I am back in the USA? it doesn't have any restriction?
How long is the maximum benefit duration? and how many time a new claim can be applied?
Thank for your patience
These days the max imum benefit amount has been fluctuating between 60 to 99 weeks. When you return leave for overseas you will simply stop calling into collect the benefit each pay period. When you return from overseas, you will have to call and re-apply for the benefits to get them reactivated. If, during the time that you are gone the benefit amounts and weeks are cut back, then you most likely will not receive any further benefits when or if you re apply upon your return.
My last question:
I have got my green card for 3 and half years. Does collecting unemployment benefit affect on my case for getting citizenship?
Collecting unemployment benefits has nothing to do with whether or not the US will let you become a citizen and the criteria for such an application.
I am collecting unemployment, since I couldn't find a job, I want to make some advertisement thru one of my friends by printing my business card with his company name and address, but I will report to EDD if I have any income. Does it effect on my unemployment benefit?
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