If I Was Denied Unemployment Can I Apply Again
Information technology is possible to exist denied unemployment benefits in California, especially with today'due south often confusing eligibility requirements. Millions of people filed for unemployment over the concluding couple of months, with some other expected moving ridge to occur in the next couple of months. So, what if you are denied unemployment benefits? Can you appeal your decision? Do you accept whatsoever other rights or options for bounty while you are out of work?
Who Is Eligible for California Unemployment Benefits?
The Employment Development Section (EDD) requires individuals to meet the following criteria to exist eligible for unemployment benefits:
- The employee earned a minimum of $1,300 in the highest-paid quarter OR the employee earned a minimum of $900 in the highest-paid quarter and at least one.25-times the earnings in the highest-paid quarter
- The employee must have involuntarily lost employment
- The private must be able and willing to piece of work, and actively looking for work
- The employee must not have been fired for serious misconduct
Currently, the EDD has extended their eligibility requirements to include individuals who might not have otherwise qualified. The time limits were besides recently extended under the federal program, The Coronavirus Aid, Relief, and Economic Security (CARES) Human action . This extended the eligibility to include:
- Individuals diagnosed with COVID-19 or who are currently experiencing symptoms and trying to get a diagnosis
- Individuals caring for a close family member who has COVID-19, or a kid, who's school was closed due to COVID-19
- Individual's who'south place of employment closed due to COVID-19
- Individuals who were forced to quit, solely due to COVID-19
This program was also extended to cover contract workers and small business concern owners, which complicated the procedure for many people. You can also larn more than almost eligibility availability using the online EDD calculator.
Why Was I Denied Unemployment Benefits in California?
At that place are many reasons why you may be denied unemployment benefits in California. 1 of the outset things to do after finding out that you were denied unemployment rights is to find out the reason why. A few of the most common reasons for a denied claim include:
- Lacking sufficient work history
- Lacking sufficient earnings
- You voluntarily quit your position
- You were fired for serious misconduct
- You are not currently able and available to work
- Yous are not a U.S. citizen
- You accept recently refused work
- You intentionally failed to complete work tasks in social club to be fired
An incomplete application can also lead to a denied claim. When you lot receive a denial letter, the alphabetic character will likely include the reason why. Because of the boosted eligibility requirements available under the CARES act, there are many more than reasons why you may be denied benefits.
For example, if you are denied benefits under the traditional California unemployment benefits program, then y'all may demand to file another application for benefits through the CARES human action. Y'all can likewise visit the EDD website to larn more about their current eligibility requirements, equally they are constantly changing.
Can I Apply for Unemployment Again After Being Denied?
If you were denied, you tin entreatment the conclusion, equally long as you do so within 30 days of the notice. The EDD will schedule a hearing, allowing yous to argue your eligibility. Then, a approximate will make a decision. You may demand to supply additional documentation or dispute a claim that says you were fired for misconduct.
If you are withal unsatisfied with the approximate'south decision, a second level appeal is bachelor to some individuals. It is possible to file a second-level entreatment with the California Unemployment Insurance Appeals Board. Again, y'all have 30 days from the beginning appeals process to notify them of your conclusion to appeal. In about cases, they will not consider additional evidence. Instead, they will look at the existing documents, the guess'south response, and then provide you with an answer. You will receive notice of the second-entreatment decision in writing.
Information technology may be helpful to become through the appeals procedure with a lawyer, particularly if you believe that your civil rights take been compromised. A civil rights lawyer tin assistance you consider your options.
What Other Options Are Bachelor If My Claim is Denied Again?
If you were denied, had filed an appeal, and and so denied once more, you may not be eligible for unemployment benefits. However, there may be other options available that can help you while y'all seek employment.
These include things similar:
- Paid Family Leave: Paid Family Leave provides compensation to individuals who need to accept an extended period of time off work to intendance for a family member. Eligible family members include a kid, parent, parent in-law, grandchild, registered partner, or sibling. Paid Family unit Leave may as well be available to some new parents. This program provides qualified individuals with between 60-70% of income for up to eight weeks in a 12-month period.
- Disability Insurance: Disability insurance is available short-term to individuals who need to take fourth dimension off piece of work due to an injury or affliction.
- Nonindustrial Disability Insurance: Nonindustrial disability insurance offers short-term compensation to employees who need to take time off piece of work for a non-piece of work-related injury. This is usually only available to state or federal employees.
- Workers' compensation: If yous are unemployed because you were injured on the chore, you may have benefits available through California'south workers' bounty program.
Not everyone will qualify for unemployment benefits in California. Fortunately, with programs like these, you may nevertheless be able to take the fourth dimension off yous demand.
If you lot accept questions about your eligibility, or you are denied benefits when you should have been eligible, you may want to discuss your instance with an employment lawyer.
Source: https://www.geonetta-frucht.com/blog/denied-unemployment-california/
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