How Can California Unemployment Lawyers Help?

In California, unemployment is defined under Section 1252 of the California Unemployment Insurance Code. That Code dictates that an individual is considered “unemployed” in any week during which they perform no services and receive no wages. They may also be deemed unemployed if they work less than full-time and their earnings fall below a certain threshold relative to their weekly benefit amount.

Specifically, a person may still be deemed unemployed even if they earn some income, as long as their wages, after subtracting either $25 or 25% of their total wages, whichever is greater, does not equal or exceed their weekly benefit amount.

The law also includes provisions for individuals serving on jury duty or acting as subpoenaed witnesses, and for those who would otherwise qualify for benefits under special training programs.

The statute also clarifies that for the purposes of determining unemployment, “wages” include compensation for services performed as an employee or independent contractor, but exclude certain military related payments. This definition nuance ensures that partial employment or temporary assignments do not automatically disqualify someone from receiving unemployment benefits.

What Does an Unemployment Lawyer Do in California?

Unemployment lawyers in California are legal professionals who help individuals navigate the often complex process of applying for and securing unemployment insurance (“UI”) benefits or partial unemployment benefits.

Although there is no single statute that defines the role of an unemployment lawyer, their work is grounded in the California Unemployment Insurance Code, particularly provisions like Section 1256, which addresses disqualification due to misconduct or voluntarily quitting a work position.

An attorney’s role includes advising clients on their eligibility requirements, assisting clients with filing claims, and representing clients in appeals if benefits are denied. These lawyers also help handle an unemployment benefits denial appeal by identifying whether a denial was due to employer misrepresentation, procedural errors, or disqualifying conduct such as alleged misconduct or voluntary resignation.

In many cases, unemployment attorneys also evaluate whether a client’s termination may give rise to additional legal claims, such as wrongful termination, retaliation, or wage and hour violations.

Having an attorney can strengthen the client’s position in an unemployment appeal. They may also represent clients in hearings before the California Employment Development Department (“EDD”) or the California Unemployment Insurance Appeals Board, and Section 1326, which governs the appeals process. As such, it is recommended to set up a legal consultation in California with California lawyers experienced in unemployment law.

What Types of Services Do Unemployment Law Attorneys Provide in California?

As mentioned above, unemployment law attorneys in California offer a wide range of services to help individuals secure and protect their unemployment benefits. Their work often involves navigating complex legal and administrative systems, especially when unemployment claims are denied or disputed. The following is a list of common services that unemployment attorneys provide:

• Initial Claim Assistance: Guiding their clients through the process of filing for unemployment benefits with the Employment Development Department (“EDD”), ensuring all paperwork is accurate and complete
• Appeals Representation: Representing their clients in appeals hearings before the California Unemployment Insurance Appeals Board when benefits are denied or challenged by an employer
• Misclassification Disputes: Assisting workers who have been misclassified as independent contractors instead of employees, which can affect their eligibility for benefits
• Overpayment and Fraud Allegations: Defending clients against claims of overpayment or alleged false statements made to the EDD, which can result in penalties or repayment demands
• Legal Advice on Eligibility: Evaluating whether a client’s termination, such as quitting for good cause or being fired for alleged misconduct, meets the legal standards for receiving benefits under California Unemployment Insurance Code Section 1256
• Support with Delays or Errors: Intervening when there are delays in benefit payments or administrative errors that prevent timely access to funds
• Related Employment Claims: Identifying potential claims for wrongful termination, retaliation, or wage violations that may strengthen an unemployment case or lead to additional legal remedies

What Are Some Common Types of Unemployment Disputes?

As mentioned above, unemployment disputes in California often arise when there’s a disagreement between a claimant and the Employment Development Department or an employer about eligibility for unemployment benefits. The following is a list of the most common types of unemployment disputes:

• Misconduct Allegations: If an employee is fired for alleged misconduct, such as insubordination, theft, or repeated tardiness, the EDD may deny benefits under California Unemployment Insurance Code Section 1256
  • The claimant can dispute whether the behavior truly qualifies as misconduct
• Voluntary Quit: Benefits may be denied if the EDD believes the claimant quit without “good cause”
  • Disputes often center on whether the resignation was truly voluntary or prompted by unsafe conditions, harassment, or significant changes in job duties
• Wage or Work History Disputes: Sometimes, claimants are denied benefits because the EDD finds they didn’t earn enough during the base period
  • These disputes may involve correcting employer reported wages or proving additional employment
• Independent Contractor vs. Employee Classification: Workers misclassified as independent contractors may be denied benefits
  • Disputes often arise when claimants argue they were actually employees and thus eligible for UI benefits.
• Overpayment and Fraud Accusations: The EDD may demand repayment of benefits if it believes the claimant was overpaid or misrepresented facts
  • Disputes often can involve proving that any errors were unintentional or that the claimant was eligible all along
• Availability and Work Search Issues: Claimants must be able and available to work and actively seek employment
  • Disputes may occur if the EDD believes these requirements weren’t met by the person seeking unemployment

How Are Unemployment Disputes Resolved?

Resolving unemployment disputes in California involves a structured appeals process that is designed to ensure fairness for both claimants and employers. When the Employment Development Department denies an individual benefits or issues an unfavorable decision, claimants have the right to challenge that determination.

The following is a general breakdown of the unemployment dispute resolution process in California:

• Initial Determination: First, the EDD issues a Notice of Determination explaining the reason for denial or disqualification of benefits
• First-Level Appeal:
  • The claimant must then file a written appeal within 30 days of the mailing date on the notice, which can be submitted using the DE 1000M form or by writing a letter that includes required personal and case information
  • The EDD will then review the appeal and may reverse its decision based on new information provided
• Administrative Law Judge (ALJ) Hearing:
  • If the EDD does not reverse its decision, the appeal is then forwarded to the California Unemployment Insurance Appeals Board (“CUIAB”)
  • A hearing is then scheduled where both parties can present evidence and testimony, and the ALJ will then issue a written decision after the hearing
• Second-Level Appeal:
  • If either party disagrees with the ALJ’s decision, they may file a Board Appeal with the CUIAB within 30 days
  • The Board will then review the case and may affirm, reverse, or modify the ALJ’s decision
• Judicial Review:
  • If either party is still dissatisfied, a party may file a Petition for Writ of Mandate in California Superior Court within six months of the Board’s final decision

Should I Hire an Unemployment Law Attorney for My Case in California?

If you are having an issue regarding applying for unemployment benefits, or if your benefits are being denied, then it is recommended to consult with an experienced California employment lawyer. LegalMatch can assist you with locating an employment lawyer who handles unemployment cases, including appeals.

A lawyer will know how to navigate the legal system, meet critical deadlines, and help build a strong case on your behalf. While simple unemployment claims might not require legal help, an experienced lawyer can boost your odds of getting the benefits you’re entitled to when the case becomes complicated or requires a knowledge of civil procedure.