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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: California Employment Law
Satisfied Customers: 113492
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Employee who has been off work than a year (briefly back to

Customer Question

For an employee who has been off work for more than a year (briefly back to work with restriction but be put off again because of the pain) and just settle the workers comp case. (There is no volunteer resignation in the settlement) Can he claim unemployment
benefits fro the California state? ( He has not fully recovered and he might not recover fully for ever.)
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Attorney2020 replied 1 year ago.

If he was terminated, unemployment benefits may be claimed.

I hope that helped. Please ask any follow-up questions. Please rate my answer so that I may be credited for my time. I thank you in advance for your cooperation. Thank you.

Expert:  Attorney2020 replied 1 year ago.

I hope that helped. Please ask any follow-up questions. Please rate my answer so that I may be credited for my time. I thank you in advance for you cooperation. Thank you.

Customer: replied 1 year ago.
Please give a definite answer and prevent using language like "may be claimed."
The point is, he is not completely recovered yet. Does he need to prove that he is actively looking for a job in order to be qualified for unemployment benefit? Please provide the code of the law if you know.
Customer: replied 1 year ago.
I am not happy with your answer. Also, what you said is not true. He cannot claim unemployment benefit in CA. He has to claim unemployment benefit from the state where he got injured at work. Please prove me wrong with exact quotation of the law, if I am in deed wrong.
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

I am a DIFFERENT CONTRIBUTOR

In order to qualify for unemployment in CA, he must prove that he is able and looking for full time employment currently. If he is restricted, he can seek to try to apply for CA state disability insurance. However, if he is not able to engage in full time employment and is not looking for full time employment he cannot qualify for unemployment benefits.

Furthermore, if he has not worked in a year, he would not qualify for benefits because they look at his last 5 quarters in the base year (the time when the claim is made) and if he has no income in those last 5 quarters, there would be no benefit for them to calculate his payment on and he would not get unemployment benefits.

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