The People's Guide

36th Edition 2015

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15 The People's Guide 2015 During bad economic times or when there are high unemployment rates, the maximum benefit period is usually extended. Check the EDD website www. for updated information. 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 to the EDD about why you are no longer working for your 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. After you apply and are approved, EDD will give you a debit card and give you payments through it. You are required to file a Continued Claim Certification form, DE 4581, every two weeks. You file this form by mailing it to EDD every two weeks, or you can complete it online through EDD Web-Cert (that's recommended as the better way), on the EDD website www. You can also call (866) 433-4606. If you are denied benefits and decide to appeal, you must keep filing your forms with EDD so that if you win the appeal, EDD can give you back benefits. If the state thinks you did not meet eli- gibility requirements, they will schedule a telephone interview. After the phone interview, EDD will mail you a notice indicating whether or not you qualify for benefits. 2. Appeal Your Denial If you disagree with the EDD decision, you should appeal and ask for a hearing in writing before the appeal deadline. Your past employer also has a right to appeal a decision by EDD to grant you benefits. At the hearing, an administrative law judge will consider the evidence, includ- ing your testimony, and decide whether you should get benefits. Even if you are fired or if you quit, 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 isolated 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 and State Disability Insurance (SDI), the EDD offers California Training Benefits (CTB) which allows qualified persons to receive unemployment benefits while in approved training. 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. 1. How to Apply You may be eligible to receive unem- ployment insurance (UI) benefits from the Employment Development Depart- ment (EDD) if you are unemployed, or working less than full time, and are 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 EDD website you can also manage extensions, certify for benefits online, and get useful informa- tion. 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 for a good reason) • Be physically able to work • Be available for work which means to be ready and willing to immediately accept suitable work • Be actively looking for work • Meet eligibility requirements each week benefits are claimed • If you are seeking training benefits,you must be approved for train- ing before training benefits can be paid The minimum weekly benefit amount is $50 and the maximum weekly ben- efit amount is $450.00. The normal maximum benefit period is 26 weeks. 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 If You Are Employed

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