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Brandon, Esq.
Brandon, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 1840
Experience:  Has received a certificate of recognition from the California State Senate for his outstanding legal service.
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I am a California teacher. I had to leave my job for medical

Customer Question

I am a California teacher. I had to leave my job for medical reasons. I was not fired.
May I receive unemployment payments if:
1. I also receive retirement benefits/?
2. I delay my retirement by remaining on leave of absence even if I do not plan to return?
3. I also am receiving disability payments>?
4. I wait until I am off of leave and disability?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Brandon, Esq. replied 1 year ago.

Employment-LawExpert :

Hello and thank you for your question today.

Employment-LawExpert :

Are you online with me?

Employment-LawExpert :

You cannot receive both unemployment and disability benefits simultaneously. This is because in order to receive unemployment, you need to be ready, willing, and able to work. In order to receive disability, you have to show that you cannot do those things.

Employment-LawExpert :

Welcome to the chat

Customer :

what if I just can't do the full time teaching job due to the intentional infliction of emotional distress causing me to go on leave and subsequent teacher disability due to a complete medical breakdown

Employment-LawExpert :

Do you believe that you would be able to perform your job functions at a different job? I.e. you would be ready, willing, and able to work?

Customer :

may I receive unemployment benefits after disability is over if I can work at a different job?

Customer :

yes

Customer :

(thinking same thing at same time)

Employment-LawExpert :

Yes, you would be able to receive benefits as soon as you are willing to state that you are ready willing and able to work. However, you would loose your disability as soon as you are willing to state this

Customer :

Do I have to take my retirement pay when I retire?

Customer :

May I take teacher pension and unemployment at the same time?

Employment-LawExpert :

Not all pensions affect unemployment claims, but some do.

Employment-LawExpert :

If you are receiving a pension from an employer you worked for during your Base Year Period, your unemployment benefits may be reduced by either 50% or 100% of your weekly pension amount

Customer :

I obviously have never applied before even though I qualified in my past.

Customer :

what is my base year?

Employment-LawExpert :

That is the amount that you made in the last year from all income sources

Customer :

my last full school year was 2012-2012

Employment-LawExpert :

If your Base Year Period employer contributed the entire amount towards your pension and you contributed nothing, your unemployment benefits may be reduced by 100% of your weekly pension amount. If both you and your employer contributed towards the pension, your unemployment benefits may be reduced by 50% of your weekly pension amount. If you contributed the entire amount towards the pension, and your employer contributed nothing, no reduction will be made to your unemployment benefits.

Customer :

oh, that's not much at all......my leave came before I could receive disability so some months were $200.

Employment-LawExpert :

As for taking your retirement pay when you retire, this is entirely dependent on the actual plan in place. Most plans do not require that you take it when you retire.

Customer :

How would I find that out? payroll?

Employment-LawExpert :

Yes, Payroll would have that answer for you

Customer :

so what do I need to take/show when I apply?

Customer :

I am assuming I can't be employed (the district has me on extended leave...but not pay)

Employment-LawExpert :

You can be employed. You would apply for partial unemployment

Employment-LawExpert :

It is based on the amount that you make

Customer :

guest...I need to ask you a few more...please..I hope you're here

Employment-LawExpert :

if you are not being paid then you would qualify

Customer :

oh, so okay..wow...maybe my house can be saved....

Customer :

I need to ask you later.

Employment-LawExpert :

Not a problem. If you ever need to ask me any additional questions you can do so here:

Employment-LawExpert :

http://www.justanswer.com/law/expert-accident-expert/

Employment-LawExpert :

I am going to step out of the chat. Please do not hesitate to ask any follow up questions you may have.

Expert:  Brandon, Esq. replied 1 year ago.
Our chat has ended, but you can still continue to ask me questions here until you are satisfied with your answer. Come back to this page to view our conversation and any other new information.

What happens now?

If you haven’t already done so, please rate your answer above. Or, you can reply to me using the box below.
Expert:  Brandon, Esq. replied 1 year ago.
I wanted to write to check up to see if you had any additional questions or concerns concerning your question. If you do have additional questions or need additional clarification please do not hesitate to ask. Please remember that I do not know what you may already know or with that you need help with unless you tell me. If you have not provided a positive rating because you would like a different expert to answer your question, please ask and I will opt out of the question so that another expert may answer. If, however, you found the information helpful to you, please do not forget to provide me with a positive rating by clicking on one of the happy faces, or I will not receive any credit for my time in trying to assist you. Please keep in mind that even after a rating has been issued you can continue to ask questions related to the original post and I will be happy to answer them. If for some reason the rating feature is not working or you cannot find it, please write me back and let me know. Please remember that when you are asked to give a rating, you are rating My Service and not this website itself or the law as it applies to your case. Have a wonderful rest of your day.

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Chat Now With A California Employment Lawyer
Brandon, Esq.
Brandon, Esq.
California Employment Lawyer
1840 Satisfied Customers
Has received a certificate of recognition from the California State Senate for his outstanding legal service.