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socrateaser, Lawyer
Category: California Employment Law
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Experience:  Retired (mostly)
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For the state of California, I have recently been denied unemployment

Resolved Question:

For the state of California, I have recently been denied unemployment benefits, and I would like an explanation as to the reason that the letter says. It says that I have been disqualified per section 1256 and section 1260A. After "trying" to read up on the codes and trying to figure out why I was disqualified, I still am having trouble understanding why, or what it means. If I am reading it correctly, I seems to me that I have to find a job and work and make at least 5 times what my weekly benefit would be which would equal $675. But what I'm wondering is that correct or is there something I am missing. Just incase this means anything I had a steady job up to Jan '11 and then had my most recent job from the very end of March until early September. I did not collect unemployment for my previous job because according to them, they are exempt for being a religious organization. I'm not sure if there are other details that would be needed to help answer my question. But, I just would like to know what this all mean in layman's terms. Thank you for any help you can provide.
Submitted: 4 years ago.
Category: California Employment Law
Expert:  socrateaser replied 4 years ago.

Unemp. Ins. Code 1256 is used to designate that the claimant quit his/her former employment without "good cause," which typically means that the termination was caused by the claimant's actions rather than the former employer's actions.

Example: An employee who quits because he/she is told that "If you don't quit, you will be fired," leaves work with good cause, because the employee has no ability to save his/her job. Whereas if the employee quits because he/she is told "If you don't improve your performance, you will be fired," then that is without good cause, because the employee has an opportunity to save his/her job.

Unemp. Code 1260(a) simply requires that an employee who quits without good cause must earn wages/salary of at least 5 times his/her weekly benefit before he/she is eligible for unemployment benefits. If you want to know that amount, then calculate what you would have received had you not been denied benefits, multiply by 5, and that's what you have to earn before you can obtain unemployment benefits in the event of a subsequent involuntary job termination, which is not caused by you.

Hope this helps.

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