The departments determination and ruling are reversed. the claimant is disqualified for benefits under section 1256 continuing until he returns to work and earns five times his weekly benefit amount in bona fide employment and reopens his claim.
*Can anyone tell me what this means? thank you
Apparently your employer appealed the departments decision to award you benefits. The ALJ determined that you left your most recent work voluntarily without good cause or were discharged for misconduct. You are, therefore, not eligible for unemployment insurance benefits until you again obtain gainful employment and earn at least 5 times your weekly benefit payment.
I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice or counsel. Answers must not be relied upon. Legal advice and counsel must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice and counsel during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice or counsel in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for advice and counsel. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference
3 lawyers agree
Employment / Labor Attorney
Mr. Daymude is correct. Essentially, you will get no benefits, and the only way you can get benefits in the future is if you get a new job earning the requisite amount of money, and if you lose that job and otherwise qualify for benefits, you would be able to get them then.
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.
1 found this helpful
2 lawyers agree