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Patrick, Esq.
Patrick, Esq., Lawyer
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If we have an employee who voluntarily quit, and then filed

Customer Question

If we have an employee who voluntarily quit, and then filed an unemployment claim with EDD, do they automatically start receiving UI benefits? If we have received DE 1545 from EDD, does mean that the employee is receiving those payments?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  EmplmntLaw1 replied 1 year ago.

EmplmntLaw1 :

Hi, thanks for submitting your question today. No this does not mean he or she is receiving benefits yet. It means that the wages stated are what the EDD will use to determine benefits. What you appeal is the determination of benefits (form DE 1080CT).

EmplmntLaw1 :

You can learn how to appeal a determination at the EDD website at this link

Customer: replied 1 year ago.

How then should we interpret "Notice of Wages Used"?


 

Expert:  Patrick, Esq. replied 1 year ago.
Different contributed here. I believe your question has been re-categorized into the California law section of the site, where only CA licensed attorneys can respond.

With all due respect to the attorney who responded above, receipt of a DE 1545 does mean that your ex-employee is receiving unemployment benefits.

See here, where the EDD specifically states with regard to Form DE 1545 as follows:

"This notice is mailed to all base period employers after the first payment has been made on the claim."

This means that the EDD has made a preliminary determination to award benefits to your former employee, based on the reason they provided for having quit their job. The Form DE 1545 shows you to what extent your former employee's benefits claim is derived from base period earnings they received from you, and that, in turn, bears relevance to the extent your unemployment premium may be affected if the claim is not successfully appealed.

The good news is that you can appeal, and assuming your appeal is accepted, your former employee will be asked to repay the benefits they have received. If your appeal is successful, this claim will have no impact on your unemployment insurance premiums.

To summarize, the document you received DOES mean your ex-employee is receiving benefits and is designed to tell you to what extent your base period wages are being used to fund the claim, which in turn tells you the extent to which your UI premiums may be affected. The good news is that you can and should appeal, and assuming you are successful, the claim will be eradicated, benefits must be repaid, and there will be no effect on your UI premiums.

As always, please feel free to let me know if you have any further concerns. If I have answered your question, I would be very grateful for a positive rating of my service so that I may receive credit for assisting you.

Kindest regards.
Patrick, Esq., Lawyer
Satisfied Customers: 6697
Experience: Significant experience in all areas of employment law.
Patrick, Esq. and other California Employment Law Specialists are ready to help you
Expert:  Patrick, Esq. replied 1 year ago.
Thank you so much for your excellent rating and kind bonus. I forgot to include the link to the EDD page from which I was quoting. Here it is: http://www.edd.ca.gov/unemployment/Responding_to_UI_Claim_Notices.htm

If you have any further questions please do not hesitate to let me know.

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