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Can EDD legally deny benefits for not looking for full-time work based on a PART-TIME claim?

Folsom, CA |

Laid off April 2012 from part time job (approx 24-32 hrs per week). I had been working an approx. 24-32 hour work week for the last five years. Federal Ext. Tier 1 began Oct 2012. I filled out form stating hours I could work (32 hrs based on my child's school hrs). I was notified of telephone interview. Interviewer asked me if I worked more than 30 hrs 55% of the time at my last job. She asked if I had childcare. I did, but not "officially" (no # of provider to give her during call). DENIED based on 1253(c). HOWEVER, based on Code Sec 1253.8, I believe I have a part-time claim NOT a full time claim which means I am only required to look for similar work (I look for PT & FT). Interviewer said I made too much $ to be PT claim. I will bring timesheets/paystubs to hearing. Any advice?

Attorney Answers 2


  1. Best answer

    File a timely appeal.

    EDD has precedent board decisions online. Start here.

    http://www.cuiab.ca.gov/Board/precedentDecisions/index.asp

    Then try to find a lawyer to represent you by the hour or on a flat fee.

    David A. Mallen offers answers on Avvo for general information only. This offer of free, general answers is not intended to create an attorney-client relationship. If you need specific advice regarding your legal question, you should consult an attorney confidentially. Many experienced California labor and employment attorneys, including David A. Mallen offer no-risk legal consultations to employers and employees at no charge. David A. Mallen is licensed to practice law before all state and federal courts in California, as well as the California Labor Commissioner and the California Unemployment Insurance Appeals Board. Failure to take legal action within the time periods prescribed by law could result in the loss of important legal rights and remedies.


  2. If you have not yet read it, you should take a look at the following web page that discusses the "able and available" requirement of 1253(c).

    http://www.edd.ca.gov/uibdg/Able_and_Available_AA_155.htm#CareofChildren

    It would be prudent for you to have specific plans for child care that you can present in the appeal.

    Good luck to you.

    This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.

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