What are the laws governing the payment of unemployment benefits?

In California, the laws governing the payment of unemployment benefits are located in the Unemployment Insurance Code of California. These laws state that in order to receive unemployment benefits, an individual must have lost his or her job through no fault of their own, and must meet all other eligibility criteria. In order to receive benefits, an unemployed worker must first file a claim with the California Employment Development Department (EDD). The EDD reviews the claim to determine eligibility. Generally, an individual is eligible for unemployment benefits if he or she meets certain criteria, such as having been employed by a covered employer in the few months immediately prior to filing the claim. The amount of benefits that an individual can receive varies and is determined by the amount of wages earned during the base period. This is generally the first four of the last five completed calendar quarters prior to the individual filing for benefits. The EDD also considers any income received during the applicable benefit period, such as income from other employment and supplemental unemployment benefits. Additionally, persons who receive California unemployment benefits may not work full-time, earn more than the maximum weekly benefit amount, or fail to actively look for work. In California, the maximum amount of benefits that can be received during an eligible period is 26 times the weekly benefit amount (subject to certain exceptions). Additionally, the state’s unemployment insurance program reserves the right to claw back or reduce benefits if an individual is later determined to have received them in error.

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