Attorney advertisement by Edwin Aiwazian of Lawyers for Justice, PC, headquartered at 450 N Brand Blvd, Glendale, CA 91203
Workers who have been recently laid off or lost their jobs due to unforeseen circumstances may be forced to seek unemployment benefits. California offers unemployment benefits to support workers in their time of need. Usually, unemployment benefits range from $40 to $450 per week. However, benefits can vary based on previous earnings and work history. In the sections below, employees can learn the details and nuances of the unemployment benefits system. However, there are also many unemployed workers who are victims of wrongful termination.
Any employee who feels they need unemployment because they were wrongfully terminated should contact Lawyers for Justice, P.C. at (818) JUSTICE for a free consultation.
Basic Eligibility Requirements for Unemployment
Millions of Californians pay into the Unemployment Insurance system (UI System) every week. However, not every worker in California qualifies for state unemployment benefits. To be approved, they must meet certain criteria related to their work history, income, and legal status. In general, workers who haven’t paid into the unemployment system cannot claim unemployment benefits.
U.S. Citizenship (or Legal Work Authorization)
To receive unemployment benefits in California, an employee must be either a U.S. citizen or legally authorized to work in the United States. The EDD (California Employment Development Department) may require proof of citizenship, a valid work visa, or permanent resident documentation. If an employee’s work authorization expires while they are collecting benefits, their eligibility may end immediately. The work authorization requirement ensures that unemployment insurance is only provided to individuals legally able to work in the U.S. labor market.
Unemployed Status
To receive unemployment, individuals must be unemployed or on reduced working hours, through no fault of their own. Usually, workers need unemployment after being laid off, their hours were cut, or their position was eliminated. In most cases, employees will not be eligible if they quit voluntarily without good cause or if they were fired for serious misconduct. However, if the employee left their job for reasons allowed under California law, like unsafe working conditions or harassment, they may still qualify.
Sufficient Prior Income
Unemployment benefits are based on a worker’s past earnings. To qualify, they must have earned enough money during what’s called the “base period.” The base period is usually the first four of the last five completed calendar quarters before they filed a claim. For example, if a claimant files for Unemployment insurance benefits in July of 2025, their base period would be from April 1, 2024, through March 31, 2025. The EDD uses the base period to calculate both eligibility and the weekly benefit amount. If an employee’s income was too low or sporadic during the base period, they may not meet the minimum requirements for benefits.
How Much Money Can You Receive?
Based on wages, employees can qualify for a weekly benefit amount between $40 and $450. The amount of unemployment benefits an employee can receive in California depends on their past earnings. The Employment Development Department (EDD) looks at an employee’s base period of the first four of the last five completed quarters to determine eligibility and benefit levels.
Payments continue for up to 26 weeks in most cases, though the exact duration depends on the employee’s work history and whether additional federal programs are available during times of economic crisis. If an individual worked multiple jobs or earned higher wages during their base period, they’ll typically receive a higher weekly benefit.
Unemployment benefits are intended to partially replace lost income, not fully cover it. For many workers, regular UI benefits provide a financial bridge while searching for new employment.
What Situations Affect Unemployment Eligibility?
Not every worker who loses their job automatically qualifies for unemployment benefits in California. The Employment Development Department (EDD) looks closely at the circumstances of the job separation to determine whether the employee is eligible.
For example, workers who are laid off due to a lack of significant work or company downsizing usually qualify for benefits. However, employees fired for misconduct (such as sexual harassment) may be denied. Quitting a job can prevent workers from qualifying unless they can show they had “good cause,” such as unsafe working conditions or harassment. Employers can contest a worker’s UI benefits if they feel the employee was terminated for reasons related to misconduct or other questionable circumstances.
Workers should remember to keep records related to their termination such as communication or written notices. Eligibility often depends on the specific facts of the case, workers should carefully record the reason for their job loss and keep records of all communications with their employer and the EDD.
Reasons You May Be Denied Benefits
The EDD reviews each claim carefully, and there are several common reasons benefits may be denied:
- Voluntarily quitting without good cause: If an employee chooses to leave their job for personal reasons, such as wanting a career change or disliking their manager, the employee usually won’t qualify. However, if they left due to unsafe working conditions, harassment, or another legally valid reason, they may still be eligible.
- Termination for misconduct: In California and most other states, employment is considered “at-will,” meaning employees can be let go without cause. But if the employer fired an individual for misconduct (such as theft, fraud, repeated insubordination, or serious policy violations), their claim may be denied.
- Insufficient work history or earnings: To qualify, an employee must have earned a minimum amount of wages during their base period. If a claimant’s income was too low, or their work history was too short, the EDD may reject their claim.
- Refusing suitable work: If a worker declines a reasonable job offer while receiving benefits, the EDD can stop payments. The key factor is whether the job matches skills, experience, and prior wage level.
- Failure to meet ongoing requirements: Even after approval, benefits can be denied or stopped if the employee doesn’t meet ongoing obligations, such as certifying for benefits every two weeks, being available for work, or actively searching for new employment. Once the worker gets a new job, benefits will cease.
In short, unemployment benefits are meant for workers who lost their job through no fault of their own and who remain ready and willing to work.
What to do if your claim is denied
If an unemployment claim is denied, options remain available for appeal. The EDD will issue a Notice of Determination explaining the reason, and claimants have 30 days to challenge the decision. Appeals are reviewed by the California Unemployment Insurance Appeals Board, where evidence, testimony, and documentation can be presented to show that the EDD or the employer made an error. Many claimants successfully overturn denials, particularly when they actively seek to clarify misunderstandings that could otherwise lead to unnecessary debt.
An employment attorney can make the appeals process more manageable. Legal guidance helps claimants understand the basis for denial, compile strong supporting evidence, and present a clear case at the hearing, improving the chances of securing benefits.
When to Contact an Employment Lawyer
If an employee is the victim of wrongful termination, meaning he or she has been fired due to a protected characteristic, they may be entitled to compensation.
Lawyers for Justice, PC has helped workers throughout California who have been wrongfully terminated. After over a decade, the team of powerful attorneys at Lawyers for Justice, PC knows how to fight for workers’ rights and win compensation on behalf of victims.
Call (818) JUSTICE for a free consultation!
Unemployment Insurance Benefits – FAQ
how do I apply for unemployment benefits with the EDD? Employees can apply for unemployment benefits in California through the Employment Development Department (EDD) either online, by phone, or by mailing a paper application. The online portal (UI Online) is usually the fastest and most convenient way to file a claim.
how long can you collect unemployment benefits? In California, unemployment benefits typically last up to 26 weeks within a one-year period. However, the exact duration can depend on work history, earnings, and whether any federal extensions are in place.
can self-employed workers get unemployment benefits? Normally, self-employed workers in California are not eligible for regular unemployment benefits because they don’t pay into the state’s unemployment insurance system. However, there may be special programs or exceptions during certain economic downturns or emergencies.
can I work part-time and still receive unemployment? Yes, workers can still receive unemployment benefits in California if they are partially unemployed. However, their weekly benefit amount may be reduced based on earnings. Beneficiaries are required to report any income to the EDD each week they certify for benefits.
do I have to pay taxes on unemployment benefits? Yes, unemployment benefits are considered taxable income by the federal government. In California, however, unemployment benefits are not taxed by the state.
how long does it take to start receiving unemployment payments? It usually takes about three weeks from the time a claim is filed for claimants to receive the first unemployment payment, provided there are no complications. Delays may occur if the EDD must verify information or resolve eligibility concerns.
can my employer contest my unemployment claim? An employer can contest an unemployment claim if they believe the claimant was fired for misconduct or left the job without good cause. In such cases, the EDD reviews both perspectives before deciding whether the claimant is eligible for benefits.
do I need to look for work while on unemployment? In California, claimants are generally required to actively search for work while receiving unemployment benefits. During a recession, the EDD may place greater emphasis on verifying job search efforts, and proof of those efforts can be requested to maintain eligibility.
can you get unemployment if you were fired? Yes, employees may still qualify for unemployment benefits if they were fired, as long as the termination was not for “misconduct.” If an employer claims misconduct, the EDD will review the circumstances and decide whether the employee is eligible.
Attorney advertisement by Edwin Aiwazian of Lawyers for Justice, PC, headquartered at 450 N Brand Blvd, Glendale, CA 91203
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