The People's Guide

35th Edition 2013-2014

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The People's Guide 2013-2014 16 Employers report wages to the state for each employee. The state uses this information to decide if you earned enough wages in a "base period" to establish a UI claim, and how much will be paid. Always tell the truth why you are no lon- ger working for the last employer. When in doubt as to whether you were fired or laid off, tell EDD you think you were fired. Even if you were fired, you may still be eligible for benefits. A base period is a specific 12-month period. For example, if you file a claim which begins in April, May or June, the claim is calculated based on wages paid between January 1 and December 31 of the prior year. After the initial application, payments are made using a Continued Claim Certification, DE 4581. You complete this form and mail it to EDD every two weeks. Or do it online, or by phone. (Note: If you appeal you must keep filing your forms with EDD If you meet the eligibility requirements, a check is mailed to you.) Attached to the check is a form for the next two weeks. If the state thinks you did not meet eligibility requirements, they will schedule a telephone inter- view. If you disagree you should ask for a hearing in writing before the appeal deadline. Also the past employer has a right to appeal the decision of EDD.. At the hearing, an administrative law judge will consider the evidence, includ- ing your testimony, and decide whether you should get benefits. 2. Appeal Your Denial Even if you are fired, you may be eligible for benefits. If EDD says that you were fired for misconduct or that you quit without a good reason, you can appeal it. To show that your actions were not misconduct, you can argue that you made a mistake, simply could not do the job, or that the action was an isolat- ed occurrence. Also if you can show you had a good reason to quit a job you can get UIB. Call legal services for help. If you appeal keep filing your forms with EDD! If you win the appeal, you can get back benefits. Besides unemployment benefits, the EDD (State Employment Development Department) offers the following: • California Training Benefits (CTB) allows qualified persons to receive unemployment benefits while in approved training. • Training through the Workforce In- vestment Board (WIB) agencies. 1. Dealing with Problems If you have a problem at work and are a member of a union, contact your union representative. He or she can advise you about dealing with your employer or about contacting the right government office. To find out about unions, or to get in touch with an organizer, call the L.A. County Federation of Labor (AFL-CIO) (213) 381-5611. 2. Wage Claims You can file a wage claim with the Labor Commissioner for any amount (or in Small Claims Court for up to $10,000) if your employer does any of the follow- ing: • Pays less than the minimum wage, which is $8.00 per hour. There are exceptions, including minors • Does not pay overtime. Overtime means time-and-a-half if you work more than 40 hours in a week OR more than 8 hours a day OR on the 7th day in a row. Overtime means double-time if you work more than 12 hours in a day OR more than 8 hours on the 7th day of a work in a row. • Takes improper deductions from your pay 1. How to Apply You may be eligible to receive unem- ployment insurance benefits if you are unemployed, or working less than full time, and actively looking for work. If you are attending an approved training course you are not required to look for work, or accept work while in training. • Apply online at: • Or call: (800) 300-5616 A recorded message about general un- employment insurance benefit informa- tion is available 24 hours a day, 7 days a week, including holidays. You can file claims at the same number Monday through Friday: 8:00 a.m. to 5:00 p.m. On the website you can also manage extensions. An individual who files for unemploy- ment insurance benefits must meet specific eligibility requirements before benefits can be paid. Individuals must: • Have received enough wages during the "base period" to establish a claim • Be totally or partially unemployed • Be unemployed through no fault of their own (Laid off, not fired for "mis conduct" or having quit without a good reason) • 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 train ing benefits can be paid *The minimum weekly benefit amount is $50 and the maximum weekly benefit amount is $450.00. The normal maxi- mum benefit period is 26 weeks. Some people may qualify for an extension for up to 47 weeks with a lower maximum of $371.00. This chapter tells you where to get assistance if you lose your job:how to get help if you have problems on the job: and where to get aid if you are temporarily disabled and cannot work. Worker's Rights and Unemployment Worker's Rights UNEMPLOYMENT BENEFITS ARE YOU EMPLOYED?

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