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Ed Johnson
Ed Johnson, Human Resources Consultant
Category: Job
Satisfied Customers: 10760
Experience:  GPHR Cert from SHRM; Military provided 20 yrs exp managing & directing all HR areas + 7 yrs corp
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unemployment stipulations

Resolved Question:

what in california are the stipulations on collecting unemployment do you have to be terminated "fired" and is there certain reasoning on quiting to get it looking for answer bigg
Submitted: 10 years ago.
Category: Job
Expert:  Ed Johnson replied 10 years ago.


The eligibility requirements in California are:

  • Have received enough wages during the base period to establish a claim
  • Be totally or partially unemployed
  • Be unemployed through no fault of his/her own : this means such things as: layoffs, terminations, firings. However it could also be by mutual agreeement where there is simply a job mismatch and they can no longer use your skills.
  • Be physically able to work
  • Be available for work which means to be ready and willing to immediately accept work
  • Be actively looking for work
  • Meet eligibility requirements each week benefits are claimed
  • Be approved for training before training benefits can be paid
  • Customer: replied 10 years ago.
    Reply to Ed Johnson's Post: ok so you cant quit by no means and please be specific what is no fault
    Expert:  Ed Johnson replied 10 years ago.

    Not your fault means:

    If you were let go because of performance, insubordination, or ethical reasons such as: lying, cheating, stealing, etc, then it is concidered at fault.

    If you resigned it was your fault.

    If the company reorganized and simply had no place for you anymore because your department wanted fewere people, that is not your fault.

    If the company eliminated your position, that is not your fault.

    If you were terminated because you were out sick too many days, a decision will be made to hear your case. and it may or may not be your fault.

    If you were terminated because of personality reasons, this is not your fault, but a hearing may be necessary.

    There are several things that can fall into a grey area. If you call the unemployment agency, no one there will tell you if you are eligible for benefits or not. They will say that a decision will be made when you apply.

    In today's economy, a lot of states are being very liberal in their determinations.

    If you think you should get benefits, simply make application. You will have to tell the circumstances, and let them decide.

    I went on unemployment one time, when the company decided that they no longer needed my skill set in the new structure. It was get terminated or fired. We agreed on mutual assent. NJ allowed this claim.

    You will not know for sure unless you try. My advice is not to eliminate yourself from the benefits. Apply for them, and make them decide. If they deny benefits, and you believe you are entitled, then you can appeal.

    if you think you were treated unfairly in your termination, you can also justify benefits.


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