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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
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Experience:  Significant experience in all areas of employment law.
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Ca unemployment is trying to deny me my unemployment benefits

Resolved Question:

Ca unemployment is trying to deny me my unemployment benefits because I now reside in a state that doesn't participate in the 3rd or 4th tier extensions. Even though my benefit were paid in when I was a resident living and working in CA and all employment was done there. Is tghere no law that provides that I should continuing receiving benefits because it was Ca that was paid into?
Submitted: 5 years ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 5 years ago.
Hello and thank you for entrusting me to answer your question.

Unfortunately, what you are describing is a common complaint among UE recipients who move outside of California.

Each state's eligibility for the federal tiers of extension depends on the unemployment rate within that state, the idea being that residents in states with the highest unemployment and the fewest jobs get the greatest amount of federal assistance. The state's rationale for cutting off your benefits is that, since you are no longer residing in California but are instead residing in a state with a presumably lower unemployment rate, your chances of finding employment are now higher than the chances for those UE recipients who continue to reside within the state, and so the federal extensions intended to assist California residence should no longer apply.

The actual text of the American Jobs Act of 2011 (which acts to extend the Jobs Act of 2010) may provide you with an argument to continue receiving benefits if you were to appeal. Specifically, the act states as follows:

"Any agreement under this section shall provide that the State agency of the State will make payments of regular compensation to individuals in amounts and to the extent that they would be determined if the State law of the State were applied, with respect to any week for which the individual is (disregarding this section) otherwise entitled under the State law to receive regular compensation, as if such State law had been modified in a manner such that the amount of regular compensation (including dependents' allowances) payable for any week shall be equal to the amount determined under the State law (before the application of this paragraph) plus an additional $25."

If you would have been entitled to continue receiving benefits if you had moved out of state during the first 26 weeks of your claim, you should, logically, remain entitled to receive the federal extensions because eligibility for the federal extensions is determined as if "the state law of the state were applied." Perhaps let me rephrase. Since the federal act provides that extensions should be made available to anyone who would otherwise be eligible to receive benefits under the laws of the state, and since you would likely have been entitled to receive benefits had you moved out of state during the California portion of your UE claim, you can argue that the federal act mandates continued eligibility for the federal extensions.

These are just some off-the-cuff thoughts of mine based on my knowledge of the law. None of the above is "legal advice" nor has an attorney client relationship been formed between us.

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Finally, the information that I have provided is not legal advice. I am not acting as your attorney and my answer does not establish an attorney-client relationship between us. I encourage you to consult with a local attorney in regard to legal matters.

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