California Employment Law
California Employment Law Questions Answered by Legal Experts
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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.
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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
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?
may I receive unemployment benefits after disability is over if I can work at a different job?
(thinking same thing at same time)
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
Do I have to take my retirement pay when I retire?
May I take teacher pension and unemployment at the same time?
Not all pensions affect unemployment claims, but some do.
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
I obviously have never applied before even though I qualified in my past.
what is my base year?
That is the amount that you made in the last year from all income sources
my last full school year was 2012-2012
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.
oh, that's not much at all......my leave came before I could receive disability so some months were $200.
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.
How would I find that out? payroll?
Yes, Payroll would have that answer for you
so what do I need to take/show when I apply?
I am assuming I can't be employed (the district has me on extended leave...but not pay)
You can be employed. You would apply for partial unemployment
It is based on the amount that you make
guest...I need to ask you a few more...please..I hope you're here
if you are not being paid then you would qualify
oh, so okay..wow...maybe my house can be saved....
I need to ask you later.
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