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socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 39144
Experience:  Retired (mostly)
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Am I eligible for unemployment benefits? I have somewhat

Resolved Question:

Am I eligible for unemployment benefits?

I have somewhat of a complex situation here and I am hoping I could still collect State of California EDD benefits after completing a period of medical disability and having collected State of CA disability benefits for 10 months.

My state of CA disability benefits are ceasing on July 31, 2011 as my medical condition has improved. Meanwhile I will be applying for State of CA UI or Unemployment Insurance Benefits effective August 1st, 2011.

Meanwhile the company I worked for with approx. 70 employees located in San Jose, CA, went out of business and sold all their assetts to another company effective June 30th, 2011 while I was on State of CA Disability Benefits.

Meanwhile while I was on State Disability the company terminated my employment after my FMLA had been exhausted on March 1st, 2011 whilie I was still medically disabled and my State of CA Disability continues until July 31, 2011. I had hoped to file for State of CA Unemployment Insurance Effective Aug. 1st, 2011.

I had worked for the San Jose, CA company from November 2008 through March 1st, 2011. I had reviewed the State of CA EDD benefit determination guidelines and found that yes I had indeed two full quarters of wages should I apply for UI benefits effective August 1st, 2011, which would qualify me for State of CA EDD benefits if indeed I am still eligible when my employer went out of business on June 30th and sold its assetts.

Could you please kindly answer my question about my State of CA UI eligibililty even if my employer terminated me March 1, 2011 due to my medical disability and even if the company sold all its assessts Effective June 30th and went out of business? The company had been in operation for 70 years prior to going out of business.

Thank you kindly,
Dorie (NNN) NNN-NNNNcell [email protected] is my e-mail address
Submitted: 6 years ago.
Category: California Employment Law
Expert:  socrateaser replied 6 years ago.
Your right to unemployment benefits is dependent on your being "able and available" for full-time work, and your being terminated "through no fault of your own."

Obviously, if you are receiving disability, then you are not able and available. However, being terminated for your disability is not your fault. Thus, once you are able and available to pursue full-time work, you are eligible for unemployment benefits. However, your 5 quarters of earnings will be reduced by the time between your actual termination and the date of your filing for benefits.

For example, if you were terminated, and disabled for an entire quarter before applying for benefits, your prior earnings for calculation fo unemployment benefits would be reduced by the missing quarter, during which you had no earnings. Theoretically, if you were disabled for 5 quarters, then you would have no earnings to apply for unemployment and thus you would receive no benefits.

Hope this helps.

And, if you need to contact me again, please put my user id on the title line of your question (“ToCustomerrdquo;), and the system will send me an alert. Thanks!

Customer: replied 6 years ago.
please clarify even if ci went out of business i am still eligible correct?
Expert:  socrateaser replied 6 years ago.
Your benefits are not conditioned on the employer's current existence. The benefits were paid into the unemployment insurance fund when you were employed, and the fund pays benefits whether or not the employer actually makes the contributions. In other words, the UI fund will run a deficit in order to pay you, in the event that an employer commits a fraud and never pays UI contributions on your behalf.

Hope this helps.

And, if you need to contact me again, please put my user id on the title line of your question (“ToCustomerrdquo;), and the system will send me an alert. Thanks!

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