Whether you have been laid off or are seeking unemployment in California, you have a right to appeal your denial. Here are some important tips to help you win your claim.
Disqualified if you work one day or are sick one day
Getting disqualified if you work one day or are sick one day for California unemployment isn’t as simple as it may sound. The Department of Labor is required to make factual determinations based on a variety of factors.
For starters, you need to know how long you’re going to be out of work. It’s not unusual for workers to miss work for weeks at a time. You’ll need to provide proof of your medical condition to make your claim. If you’re lucky enough to have a family member complete your application, they may be able to fill in the blanks.
In addition, you need to know your way around the state’s unemployment benefits office. They’ll be happy to answer any questions you might have. You can claim sickness benefits online or by mail. Alternatively, you can visit the RRB’s offices in any town or city to get the application you need.
In the words of the Department of Labor, “you are disqualified if you are not ready to work.” While you’re at it, you’ll want to get your head checked as well. If you’ve made a fraudulent or misleading claim, you could be tossed into jail for a short period of time. A false statement can cost you up to 75 days of benefits.
Disqualified if you left work voluntarily without good cause
Leaving your job voluntarily without good cause is a bad idea. Luckily, there are a few ways to entice your employer to give you a second chance. If you are a worker with full-time restrictions, you may be eligible for unemployment benefits. If you are on a fixed income, you may also qualify for the Federal Social Security Administration’s Temporary Disability Insurance Program.
The best way to prove that you are indeed eligible for benefits is to fill out an application. Then, contact your state’s Department of Labor to find out what the next steps are. You’ll want to include an explanation of your condition and the type of work you want to do. If you are fortunate enough to be considered for benefits, you’ll have to sign up for a reemployment assistance program. These programs are designed to help unemployed workers get back on their feet.
To prove that you have left your job voluntarily, you will need to prove that you are actively seeking full-time work. A statewide unemployment office can assist you with that task. If you are lucky enough to be selected for benefits, you’ll need to make the best case possible to convince your prospective employer that you are worthy of their hard-earned cash. For instance, if you are in a position to take a pay cut, you’ll need to do the following: a) ask for a salary increase, b) negotiate a pay cut that is not too steep, and c) make a convincing job search.
How to appeal a denial
Appeals are available if you’ve been denied unemployment benefits. It’s important to know what to expect at an unemployment appeal hearing. You may need to hire a lawyer to help you win your case. It’s a good idea to prepare yourself for the hearing by gathering any evidence that supports your case. You may also want to bring a witness to testify at the hearing.
A hearing is conducted by an Administrative Law Judge. The judge will ask you and the employer questions and give both parties a chance to present evidence. He or she will make a decision based on the evidence that was presented.
The decision will state the reasons for the denial. It will also outline the process for filing an appeal. You will be notified of the date and location of the hearing.
If you are unsuccessful at your first appeal, you can file a second-level appeal with the California Unemployment Insurance Appeals Board. This is the next level of review and involves reviewing existing documents. You will receive a written notice of the hearing and 30 days to submit your appeal.
When you’re ready to make your appeal, you can contact the EDD website for additional information. You can also download an appeal form (DE 1000M, PDF). You will then have to mail your appeal to the address shown on your decision notice.