In California, in order to be eligible for unemployment insurance (UI) benefits, you need to have been unemployed through no fault of your own. When an individual files a claim for UI benefits, the EDD documents the reason the individual is no longer working, and includes it in the Notice of Claim Filed, DE 1101CZ, which is mailed to the last employer. The employer may also provide written information about the reason the individual is no longer working when responding to this notice.
A person who quits work or is fired from work will be scheduled to a telephone interview because there is a separation issue that must be resolved. The EDD interviewer obtains and documents information about the separation from the employer and claimant and decides, according to law and regulations, if the person is eligible to collect benefits. The EDD mails a notice to the claimant who is not eligible for benefits. The EDD mails a notice to the employer who responded timely to the notice of claim filed. The notice advises the employer about whether the claimant is eligible or not, and whether the employer's account will be charged for benefits paid to the former employee.
Either party can disagree with an unfavorable decision and file an appeal.
Frank W. Chen is licensed to practice law in the State of California. The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult your own attorney.