It stated "You are not eligible to receive benefits under CA Unemployment Insurance Code Section 1253C beginning date of claim and ending when the disqualifying conditions no longer exist, and you contact the above office to reopen your claim. You cannot work because you do not have satisfactory child care. Section 1253C provides - an individual is eligible for benefits in a week only if the department finds he was able to work and available for work."
Question, will I receive benefits or not? What exactly does it mean? Help!
Employment / Labor Attorney
It says, "You are not eligible to receive benefits...You cannot work because you do not have satisfactory child care." Seems pretty clear. Based upon information provided by you and, possibly other sources, they determined you are not available for work, which is a disqualifying factor for benefits.
If they got it wrong, you must submit an appeal within 20 days of the date of the notice and present evidence to an administrative law judge that you were available for work during the time period claimed.
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.
2 lawyers agree
Employment / Labor Attorney
To get unemployment benefits you have to be able to establish that you are presently able to take on a full time position. If you do not have the ability to do so because of child care restrictions, you will not qualify for unemployment benefits. That is what you must deal with in your next hearing. If you can establish that you have child care such that you can work, be sure to let them know in your next hearing.
Good luck to you.
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Employment / Labor Attorney
No, you will not receive benefits, based on the notice. 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
It appears you are disqualified because you are not ready to accept work as you do not have child care. You will be eligible for benefits when the reason for the disqualification (lack of child care) no longer exits. In other words, when you obtain child care, you will be eligible for benefits. You have to contact EDD to let EDD know you have found child care and are ready to accept work.
You may disagree with the notice. Often, EDD telephones the person making the application (claimant) and the employer and interviews each. EDD compares the statements of each party, and makes a decision based on information received. By the limited nature of the initial EDD process, it sometimes makes errors. For this reason, there is an appeal process.
The Notice of Determination stating your claim was denied includes information about the appeal. You MUST file your appeal within 20 days of the date stated in that letter. Do not miss the deadline.
In the appeal, make a brief statement just one or two lines long saying why you believe the denial was incorrect. Save your detailed argument and evidence for the hearing. For example: "Notice is incorrect. I do have child care."
In a few weeks, you will receive a notice of an appeals hearing with the date, time and location. At the hearing, be prepared with as much evidence as possible (cell phone record showing the 7:38 a.m. call, witnesses who overheard the boss yelling, etc.). You should also know the law the administrative law judge will consider. You can get a lot of helpful information on the EDD website.
Summaries of the law (Benefit Determination Guide)
Precedent Decisions (law the administrative law judges rely on)
Frequently asked questions
Filing a claim for unemployment benefits
You can be represented by anyone at the hearing. If your appeal will be difficult or you are uncomfortable speaking, you may wish to retain an attorney to help you prepare or to represent you at the hearing. For training, expect the attorney to need approximately three hours. For representation at the hearing, expect the attorney to need three to seven hours to prepare, depending on the complexity of the case, witnesses, documents and other evidence, and allow two hours for the hearing itself. Unemployment hearings usually last one hour or less, but you must arrive early to look at the file, and there is a possibility you will have to wait past your hearing time if the previous case has not finished.
Generally, as of 2012-2013, plaintiffs employment attorneys in California charge between $250 and $700 per hour for legal services. The amount varies based on years of experience, geographic location, attorney availability, attorney interest in the case, complexity of the matter, and more.
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twitter.com/MikaSpencer *** 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. ***