If you are a Golden State employee seeking unemployment benefits, California eligibility requirements can be confusing. As one of the most populous states in the U.S., California offers a comprehensive unemployment insurance program designed to provide temporary financial assistance to eligible individuals. However, to access these benefits, workers must be fully or partially unemployed, have sufficient earnings over the past 12 months, and be ready and available for work. This article will cover unemployment benefits, California eligibility, and the differences in entitlements when an employee quits or is fired.
What Are California Unemployment Requirements?
California’s Employment Development Department (EDD) administers the state’s unemployment insurance program, overseeing the distribution of benefits to qualified applicants. To determine eligibility, an employee must establish several factors.
Citizenship
Applicants must be legal residents of the United States and either citizens or eligible non-citizens with proper authorization to work in the country. Eligible non-citizens must demonstrate they have maintained satisfactory immigration status and are authorized to work in the United States while earning wages that establish their claim. They must also demonstrate they are permitted to work each week they claim benefits.
Unemployment
To qualify, employees must be involuntarily unemployed. Involuntary employment typically includes layoffs, company closures, or reduced work hours. Those who voluntarily quit their jobs without good cause or whose employer terminated them for misconduct are generally ineligible for benefits.
Sufficient Earned Wages
An employee must have received enough wages during a base period to establish a claim. California’s Employment Development Department examines an individual’s work history over 12 months to make this determination. During the base period, you must have earned at least $1,300 in your highest-paid quarter, or $900 in your highest-paid quarter, and, during the entire base period, at least 1.25 times your high-quarter earnings.
Work Ready
Additionally, ongoing eligibility depends on the claimant’s willingness and ability to work. Claimants must be physically able to undertake work. They must also be available for suitable work, actively seek work, and be ready to accept a suitable job.
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How Many Hours Can You Work and Still Get Unemployment in California?
You may qualify for partial UI benefits even if working less than full-time. The first $25 or 25% of your gross weekly earnings (whichever is higher) is excluded from your benefit calculation. The remaining amount is subtracted from your weekly benefit.
What Happens After the EDD Deems Me Eligible?
Once the EDD establishes that you meet all eligibility requirements, maintaining those benefits comes with requirements. The EDD mandates that claimants certify for benefits every two weeks, which involves answering questions that confirm eligibility for that period, reporting income, attending job training programs if required, and complying with EDD directives. For help answering certification questions, you can review Unemployment Insurance Benefits: What You Need to Know online.
Is There a Work Search Requirement?
Most people must make a reasonable effort to find suitable work to be eligible for benefits. The EDD expects claimants to actively seek out and accept proper employment. Factors determining suitability include prior job experience, salary, and commuting distance. The EDD advises employees to record their work search dates and employer contact information for future use and potential eligibility interviews. They also provide individual work search instructions on the Notice of Unemployment Insurance Award employees receive. For more information, visit Job Seekers: Returning to Work.
What Happens If I Quit My Job?
If you quit your job, the EDD will conduct a phone interview with you and your employer after you file your claim to determine if you are eligible for unemployment benefits. Your eligibility hinges on whether you had good cause for quitting and if you made all reasonable attempts to keep your job, such as requesting a leave of absence or transfer. Good cause can involve unsafe working conditions, a doctor’s advice, needing to relocate for your spouse’s job, caring for a seriously ill family member, or protecting yourself or your child from domestic violence.
You may also qualify for unemployment benefits if legitimate concerns about your job prompted your departure, such as experiencing illegal discrimination, harassment, or employer fraud. However, you must have taken reasonable steps to address the issue before resigning to be eligible. Taking reasonable steps includes discussing the problem with your employer and allowing them a reasonable time to rectify it.
What Happens If My Employer Fired Me?
If your employer fired you, the EDD will conduct a phone interview with you, email you instructions on how to complete your eligibility questionnaire online, or mail you a paper questionnaire to determine if your employer terminated you based on a lack of job-related skills or a mismatch with the company culture. You won’t be eligible for such benefits if the EDD attributes your termination to misconduct.
In California, misconduct disqualifies you from receiving unemployment benefits only if your conduct meets all the following conditions:
- You significantly violated a “material” duty to your employer, indicating a substantial failure to perform your required tasks;
- Your breach of duty demonstrated a deliberate or reckless disregard for your responsibilities; and
- Your breach of duty had a detrimental impact on the employer’s business interests.
Inefficiency, inability to perform, or genuine errors in judgment do not disqualify an employee from receiving EDD unemployment benefits. A skilled Los Angeles employment attorney at King & Siegel can review your claim and help you determine if you meet all the standards above.
King & Siegel LLP Can Help You Collect Your California Unemployment Benefits
If you are currently experiencing unemployment, don’t hesitate to contact us for a complimentary consultation. We are here to assist you in navigating your rights with the EDD and can help you understand unemployment benefits, California eligibility requirements, and how to manage the application process.
At King & Siegel, we take pride in offering unparalleled legal support that is both bold and empathetic, leading to the successful recovery of millions in client compensation. Moreover, our client commitment matches the caliber of legal services provided by larger firms. Many of our advocates have graduated from top-tier law schools, received exceptional AVVO ratings, and are recognized as Super Lawyers Rising Stars, among other accolades. Best yet, we operate on a contingency fee basis, meaning you won’t owe us a dime unless you prevail.
Frequently Asked Questions About California Unemployment Benefits
What disqualifies you from unemployment in California?
The most common reasons for disqualification include voluntarily quitting your job without good cause, being fired for misconduct as defined under California law, refusing suitable work without a valid reason, not being physically able or available to work, failing to actively search for employment, providing false information on your claim, and earning too much income while collecting benefits. Good cause for quitting can include unsafe working conditions, significant reductions in pay or hours, illegal discrimination or harassment, or needing to relocate for a spouse’s job. Misconduct must involve a willful or substantially negligent violation of a material duty to qualify as grounds for disqualification.
How does unemployment work in California?
California’s unemployment insurance program provides temporary weekly payments to eligible workers who lose their jobs through no fault of their own. The program is administered by the Employment Development Department (EDD) and funded by employer payroll taxes. If eligible, you receive between $40 and $450 per week for up to 26 weeks. You must file a claim with the EDD, complete an eligibility review, and certify for benefits every two weeks by confirming you are still unemployed, available for work, and actively seeking employment. Benefits are paid through a debit card or direct deposit.
How do you apply for unemployment in California?
The fastest way to apply is online through the EDD’s UI Online portal at edd.ca.gov. You can also apply by phone at 1-800-300-5616. You will need your Social Security number, state ID or driver’s license number, employment history for the past 18 months including employer names and addresses, and your most recent payroll information. File your claim during the first week you are unemployed or have your hours reduced, because there is a mandatory one-week unpaid waiting period that cannot begin until you file.
What is EDD in California?
EDD stands for the Employment Development Department, the California state agency that administers unemployment insurance, disability insurance, paid family leave, and workforce development programs. For unemployment claims, the EDD determines eligibility, calculates benefit amounts, processes biweekly certifications, conducts eligibility interviews, issues payments, and manages the appeals process. Most services are available online through edd.ca.gov or by phone at 1-800-300-5616.
What happens if you collect unemployment while working in California?
You are allowed to work part-time while collecting unemployment in California, but you must report all earnings during your biweekly certification. The EDD excludes the first $25 or 25% of your gross weekly earnings (whichever is higher) and deducts the rest from your benefit amount. If you fail to report income, the EDD will classify it as fraud, require full repayment of overpaid benefits, impose a 30% penalty on top of the overpayment, and potentially disqualify you from receiving benefits for up to 23 additional weeks. In severe cases, unemployment fraud can result in criminal prosecution.
Can you get unemployment if you quit your job in California?
You may still qualify for unemployment benefits if you quit for good cause. The EDD defines good cause as a reason that would compel a reasonable person to leave under similar circumstances. Examples include unsafe working conditions, a substantial reduction in hours or pay, illegal harassment or discrimination, a doctor’s recommendation to leave for health reasons, needing to relocate for a spouse’s military or employment transfer, caring for a seriously ill family member, or protecting yourself or your child from domestic violence. You must have taken reasonable steps to resolve the issue before quitting, such as notifying your employer and giving them time to address the problem.
Can you get unemployment if you are fired in California?
Yes, in most cases. Being fired does not automatically disqualify you from unemployment benefits in California. You are only disqualified if the EDD determines you were terminated for misconduct. Under California law, misconduct must involve a willful or substantially negligent violation of a material duty that disregarded the employer’s interests. Poor performance, failure to meet quotas, personality conflicts, or inability to learn new skills generally do not qualify as misconduct. The EDD will conduct a phone interview or send a questionnaire to determine whether misconduct was the cause of your termination.
How long do unemployment benefits last in California?
Standard unemployment benefits in California last for up to 26 weeks within a 12-month benefit year. Your benefit year begins on the date you file your initial claim. During periods of high unemployment, the federal or state government may authorize extended benefit programs that provide additional weeks beyond the standard 26. The total amount you can receive is capped at either 26 times your weekly benefit amount or half of the wages earned during the base period, whichever is less.
Julian Burns King graduated with honors from Harvard Law School and founded King & Siegel in 2018. As head of the Firm’s discrimination and harassment practice areas, she champions the rights of working parents and victims of workplace discrimination and harassment. She has been recognized as a “Rising Star” by Super Lawyers annually since 2018 and has recovered tens of millions of dollars on behalf of her clients.