Skip to main content

I was denied benefits from 5/27/12-6/23/12 and I am awaiting my appeal hearing. Advice would be appreciated.

Lincoln, CA |

In June I had to travel for my wife's job (we have proof she was on business) because we have an infant. The travel dates are the following:

5/31-6/5 - Gone. During this time, I have proof that I applied to 3 positions and had 2 phone interviews scheduled.
6/8-6/9 - Gone. Friday night to Saturday
6/22-6/26 - Gone. During this time, I have proof that I applied to several positions.

I am not sure what the rules are for traveling when you are collecting UI benefits. They are denying the whole month & penalizing me for 5 wks for a 6/2 payment. What is the best argument for the appeal and if you are gone for part of the week, is it customary for them to withhold the entire week. I have a proven track record of job applications and interviews. Thanks.

Attorney Answers 3


  1. It appears that your question relates to unemployment benefits, so I added tags; in the event your question might be seen by attorneys on this site that are more likely to handle this matter.

    The above answer does not create an attorney/client relationship. These responses are merely intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney in your community. The law changes frequently and varies from state to state. You should verify and confirm any information provided with an attorney licensed in your state


  2. Good grief! You were gone for less than half the month! Generally, a person claiming unemployment benefits (a “claimant”) is eligible for benefits if he or she is: (1) out of work due to no fault of his or her own; AND (2) physically able to work; AND (3) actively seeking work; AND (4) ready to accept work. Details about eligibility for unemployment benefits can be found on the web site of the California Employment Development Department (EDD) here: http://www.edd.ca.gov/Unemployment/FAQ_-_Eligibility.htm#Whataretheeligibilityrequirements My guess is the reason you were denied was the last requirement, "ready to accept work." You have to be available, which means close enough to the jobs you applied for to get there right away. If you can truthfully say you would have flown back on the next plane for an interview or to start work, that would probably help.

    The California Employment Development Department (EDD) provides helpful information on its website:

    Home page
    http://www.edd.ca.gov/Unemployment/

    Eligibility requirements
    http://www.edd.ca.gov/unemployment/Eligibility.htm

    Summaries of the law (Benefit Determination Guide)
    http://www.edd.ca.gov/UIBDG/

    Appeals
    http://www.edd.ca.gov/Unemployment/FAQ_-_Appeals.htm

    Precedent Decisions (law the administrative law judges rely on)
    http://www.cuiab.ca.gov/precedent_decisions.shtm

    Frequently asked questions
    http://www.edd.ca.gov/unemployment/FAQs.htm

    Filing a claim for unemployment benefits
    http://www.edd.ca.gov/unemployment/Filing_a_Claim.htm

    *** All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your claim, you will lose the opportunity to pursue your case. Please consult with an experienced employment attorney as soon as possible to better preserve your rights. *** Marilynn Mika Spencer provides information on Avvo as a service to the public, primarily when general information may be of assistance. Avvo is not an appropriate forum for an in-depth response or a detailed analysis. These comments are for information only and should not be considered legal advice. Legal advice must pertain to specific, detailed facts. No attorney-client relationship is created based on this information exchange. *** Marilynn Mika Spencer is licensed to practice law before all state and federal courts in California, and can appear before administrative agencies throughout the country. She is eligible to represent clients in other states on a pro hac vice basis. ***


  3. To add to the thorough advice provided by Ms. Spencer, in a case I had very similar to yours, the judge was especially honed in on the issue of what the applicant would do if requested to come in for an interview immediately. He was fixated on the fact that because the client was a long distance away, he removed himself from availability because he could not be there for an interview.

    Focus in on how you would have been able to return at a moment's notice, if an opportunity arose.

    They say you get what you pay for, and this response is free, so take it for what it is worth. This is my opinion based on very limited information. My opinion should not be taken as legal advice. For true advice, we would require a confidential consultation where I would ask you questions and get your complete story. This is a public forum, so remember, nothing here is confidential. Nor am I your attorney. I do not know who you are and you have not hired me to provide any legal service. To do so would require us to meet and sign written retainer agreement. My responses are intended for general information only.

Business topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics