reglab/statecodes huggingface dataset:
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 1 - Unemployment and Disability Compensation › Part 1 - Unemployment Compensation › Chapter 5 - UNEMPLOYMENT COMPENSATION BENEFITS › Article 1 - ELIGIBILITY AND DISQUALIFICATIONS › Section 1253-8 - Week -Delayed Filing with Good Cause -New, Additional, or Reopened Claim

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A week of unemployment of an individual who for good
							 cause, delays filing his or her new, additional, or reopened claim shall be the
							 week in which he or she first becomes unemployed. Thereafter his or her week(s)
							 shall consist of seven-consecutive-day periods, as defined in Section
							 1253-1 of these regulations,
							 commencing immediately after the initial week. (See Section
							 1326-2 of these regulations for a
							 definition of new claim, 1326-4 for a definition of additional claim, 1326-5
							 for a definition of reopened claim, and Section
							 1326-10 of these regulations for
							 interpretation of "good cause.")
1.
							 Amendment filed 3-28-79; effective thirtieth day thereafter (Register 79, No.
							 13).
2. Amendment filed 1-28-82; effective thirtieth day thereafter
							 (Register 82, No. 5).
Note: Authority cited: Sections
								305
								and
								306,
								Unemployment Insurance Code. Reference: Section
								1253,
								Unemployment Insurance Code.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 1 - Unemployment and Disability Compensation › Part 1 - Unemployment Compensation › Chapter 5 - UNEMPLOYMENT COMPENSATION BENEFITS › Article 1 - ELIGIBILITY AND DISQUALIFICATIONS › Section 1253-9 - Week -Mass Separation or Trade Dispute

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A week of unemployment of an individual affected by a
							 mass separation or by a trade dispute, for which arrangements are made by the
							 department for group registration, means the first week during which the
							 individual is unemployed, provided that the individual files a claim in
							 accordance with such arrangements prior to the end of the second week following
							 the week in which he becomes unemployed.
1.
							 Amendment filed 1-28-82; effective thirtieth day thereafter (Register 82, No.
							 5).
Note: Authority cited: Sections
								305
								and
								306,
								Unemployment Insurance Code. Reference: Section
								1253,
								Unemployment Insurance Code.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 1 - Unemployment and Disability Compensation › Part 1 - Unemployment Compensation › Chapter 5 - UNEMPLOYMENT COMPENSATION BENEFITS › Article 1 - ELIGIBILITY AND DISQUALIFICATIONS › Section 1253-10 - Week -Privately Operated Hiring Facilities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Week of unemployment" for benefit purposes for any
							 individual utilizing a privately operated hiring facility approved by the
							 department shall, with respect to an individual whose wages are paid on a
							 weekly basis, be the individual's weekly pay period. This period shall consist
							 of seven consecutive calendar days. If the pay period is not based on calendar
							 days, a week shall consist of 168 consecutive hours. With respect to an
							 individual whose wages are not paid on a weekly basis, a week of unemployment
							 shall consist of the seven-consecutive-day period beginning on Sunday, 12:01
							 a.m. and ending 12 midnight Saturday. If necessary, the department shall
							 determine and prescribe alternate seven-consecutive-day periods for an
							 individual or group, as appropriate to the circumstances. If during a period of
							 continuous unemployment the claimant ceases to utilize such approved hiring
							 facilities, his or her claim period shall continue to be the week of his or her
							 last certification for unemployment insurance until again employed, or there
							 occurs a break in continuous weekly certification. Claims filed pursuant to
							 this section shall be filed in the manner set forth in Section
							 1326-8 of these
							 regulations.
1.
							 Amendment filed 1-28-82; effective thirtieth day thereafter (Register 82, No.
							 5).
Note: Authority cited: Sections
								305
								and
								306,
								Unemployment Insurance Code. Reference: Section
								1253,
								Unemployment Insurance Code.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 1 - Unemployment and Disability Compensation › Part 1 - Unemployment Compensation › Chapter 5 - UNEMPLOYMENT COMPENSATION BENEFITS › Article 1 - ELIGIBILITY AND DISQUALIFICATIONS › Section 1253-11 - Week -Interstate Claimants

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Week of unemployment" as used in Sections
							 455-1 through
							 455-8 of these regulations
							 relating to interstate claimants shall be the seven-consecutive-day period for
							 which interstate claimants are required to file under the agent state
							 procedures at the time of filing a claim for benefits.
1. New
							 NOTE filed 1-28-82; effective thirtieth day thereafter (Register 82, No.
							 5).
Note: Authority cited: Sections
								305
								and
								306,
								Unemployment Insurance Code. Reference: Section
								1253,
								Unemployment Insurance Code.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 1 - Unemployment and Disability Compensation › Part 1 - Unemployment Compensation › Chapter 5 - UNEMPLOYMENT COMPENSATION BENEFITS › Article 1 - ELIGIBILITY AND DISQUALIFICATIONS › Section 1253(a)-1 - Claims for Benefits -How Filed

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Claims for benefits shall be filed with the
							 Employment Development Department in accordance with Sections
							 1326-1 through
							 1326-13 of these
							 regulations.
1.
							 Amendment filed 11-23-70; designated effective 12-3-70 (Register 70, No.
							 48).
2. Amendment filed 2-8-74; effective thirtieth day thereafter
							 (Register 74, No. 6).
3. Amendment filed 3-28-79; effective
							 thirtieth day thereafter (Register 79, No. 13).
4. Amendment filed
							 7-21-2003 as an emergency; operative 7-21-2003 (Register 2003, No. 30). A
							 Certificate of Compliance must be transmitted to OAL by 11-18-2003 or emergency
							 language will be repealed by operation of law on the following
							 day.
5. Certificate of Compliance as to 7-21-2003 order transmitted
							 to OAL 11-7-2003 and filed 12-24-2003 (Register 2003, No.
							 52).
Note: Authority cited: Sections
								305
								and
								306,
								Unemployment Insurance Code. Reference: Section
								1253(a),
								Unemployment Insurance Code.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 1 - Unemployment and Disability Compensation › Part 1 - Unemployment Compensation › Chapter 5 - UNEMPLOYMENT COMPENSATION BENEFITS › Article 1 - ELIGIBILITY AND DISQUALIFICATIONS › Section 1253(b)-1 - Registration for Work

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						  Except as provided by subsections (e) and (f) of this section, a claimant shall
						  register for work by entering a resume on CalJOBS or by any other means as
						  directed by the department.
(b)
						  Except as provided in subsections (d) and (e) below, a claimant must register
						  for work within 21 days after filing a claim for unemployment compensation
						  benefits, or on a date specified by the department, if later.
(c) If a claimant does not register for work
						  in accordance with subsections (a) and (b) above, the department will require
						  the claimant to report in person to a department field or branch office to
						  register for work, and to provide supplemental information to assist in his or
						  her search for suitable work (see Section
						  1253(e) -
						  2 of these regulations). The
						  department shall provide written notice to the claimant of the date, time, and
						  location of the nearest department field or branch office where he or she shall
						  be required to report.
(d) Except
						  as provided in subsections (e) and (f) below, a claimant who fails to register
						  for work with the department shall be disqualified from receiving
						  benefits.
(e)
(1) A claimant may be excused from
						  registering for work if he or she can establish "good cause." "Good cause" for
						  the purpose of this regulation includes, but is not limited to, compelling
						  reasons affecting the safety and/or privacy of the claimant and/or his or her
						  dependents.
(2) The department may
						  waive the registration requirement if the claimant can establish "good cause."
						  See Section
						  1326-10 of these regulations for
						  interpretation of "good cause" for delay in registration.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 1 - Unemployment and Disability Compensation › Part 1 - Unemployment Compensation › Chapter 5 - UNEMPLOYMENT COMPENSATION BENEFITS › Article 1 - ELIGIBILITY AND DISQUALIFICATIONS › Section 1253(c)-2 - Period of Ineligibility Under Section 1253(c) of the Code

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Except as provided by Sections
							 1253.1,
							 1253.12,
							 1253.15,
							 1253.2,
							 1253.6 of the code, a claimant who
							 is ineligible for benefits because he or she is not able to work or available
							 for work shall be ineligible for the week in which such occurs and shall remain
							 ineligible in subsequent weeks until he or she demonstrates to the satisfaction
							 of the department that he or she is able to work, available for
							 work.
1.
							 Amendment filed 3-28-79; effective thirtieth day thereafter (Register 79, No.
							 13).
2. Amendment filed 1-28-82; effective thirtieth day thereafter
							 (Register 82, No. 5).
Note: Authority cited: Sections
								305
								and
								306,
								Unemployment Insurance Code. Reference: Section
								1253(c),
								Unemployment Insurance Code.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 1 - Unemployment and Disability Compensation › Part 1 - Unemployment Compensation › Chapter 5 - UNEMPLOYMENT COMPENSATION BENEFITS › Article 1 - ELIGIBILITY AND DISQUALIFICATIONS › Section 1253.1-1 - Eligibility-Unlawful Detention

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Unlawfully detained" means any restraint upon the
							 claimant which deprives him or her of his or her personal liberty without
							 authority of law, whether imposed by physical force applied to the claimant, or
							 by words or conduct which would cause a reasonable person to fear that
							 resistance would be overcome by force.
1.
							 Amendment filed 11-30-79, designated effective 1-1-80 (Register 79, No. 48).
							 For prior history, see Register 60, No. 17 and 59, No.
							 22.
Note: Authority cited: Sections
								305
								and
								306,
								Unemployment Insurance Code. Reference: Section
								1253.1,
								Unemployment Insurance Code.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 1 - Unemployment and Disability Compensation › Part 1 - Unemployment Compensation › Chapter 5 - UNEMPLOYMENT COMPENSATION BENEFITS › Article 1 - ELIGIBILITY AND DISQUALIFICATIONS › Section 1253.12-1 - Eligibility -Death in Family

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Immediate family" means the spouse or registered
							 domestic partner of the claimant or the parent, stepparent, foster parent,
							 grandparent, child, foster child, grandchild, brother, sister, son-in-law, or
							 daughter-in-law of the claimant or of the claimant's spouse or registered
							 domestic partner, whether or not the same live in a common household.
Registered domestic partners are defined in
							 California Family Code Section
							 297.
1. New
							 section filed 11-30-79; designated effective 1-1-80 (Register 79, No.
							 48).
2. Amendment filed 11-5-2002 as an emergency; operative
							 11-5-2002 (Register 2002, No. 45). A Certificate of Compliance must be
							 transmitted to OAL by 3-5-2003 or emergency language will be repealed by
							 operation of law on the following day.
3. Certificate of Compliance
							 as to 11-5-2002 order transmitted to OAL 2-25-2003 and filed 4-8-2003 (Register
							 2003, No. 15).
Note: Authority cited: Sections
								305
								and
								306,
								Unemployment Insurance Code. Reference: Section
								1253.12,
								Unemployment Insurance Code.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 1 - Unemployment and Disability Compensation › Part 1 - Unemployment Compensation › Chapter 5 - UNEMPLOYMENT COMPENSATION BENEFITS › Article 1 - ELIGIBILITY AND DISQUALIFICATIONS › Section 1254-1 - Week -In Two Benefit Years

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When the major portion of a week of
						  unemployment falls within the expiring benefit year, the entire week shall be
						  deemed to fall within the expiring benefit year.
(b) Where less than the major portion of a
						  week of unemployment falls within the expiring benefit year, the entire week
						  shall be deemed to fall within the new benefit year. (See Section
						  1253-3 of these regulations for a
						  description of a week of partial unemployment.)
1.
							 Amendment filed 1-28-82; effective thirtieth day thereafter (Register 82, No.
							 5).
Note: Authority cited: Sections
								305
								and
								306,
								Unemployment Insurance Code. Reference: Section
								1254,
								Unemployment Insurance Code.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 1 - Unemployment and Disability Compensation › Part 1 - Unemployment Compensation › Chapter 5 - UNEMPLOYMENT COMPENSATION BENEFITS › Article 1 - ELIGIBILITY AND DISQUALIFICATIONS › Section 1255.3-1 - Pension Deduction -General Principles

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Scope. This section sets forth the
						  principles the department shall apply to determine whether the pension payments
						  a claimant is receiving are deductible from his or her unemployment
						  compensation benefits as provided by Section
						  1255.3 of the code.
(b) General Rule. The amount of unemployment
						  compensation benefits, extended duration benefits, and federal-state extended
						  benefits an individual is receiving shall be reduced, but not below zero, for
						  any week with respect to which that individual, having received an initial
						  pension payment, is currently receiving a periodic governmental or other
						  pension, retirement or retired pay, annuity, or any other similar periodic
						  payment which is based on the previous work of the individual if the following
						  three conditions are met:
(1) The pension,
						  retirement or retired pay, annuity, or similar periodic payment is under a plan
						  maintained (or contributed to) by a base period or chargeable
						  employer;
(2) The services
						  performed by the individual for the employer after the beginning of the base
						  period of the unemployment compensation claim affect eligibility for, or,
						  increase the amount of such pension, retirement or retired pay, annuity, or
						  similar periodic payment; and
(3)
						  The individual has made no contribution to the pension, retirement or retired
						  pay, annuity, or similar periodic payment.
If the individual has made any contribution to the
							 pension, retirement or retired pay, annuity, or similar periodic payment, the
							 pension payment shall not be deductible.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 1 - Unemployment and Disability Compensation › Part 1 - Unemployment Compensation › Chapter 5 - UNEMPLOYMENT COMPENSATION BENEFITS › Article 1 - ELIGIBILITY AND DISQUALIFICATIONS › Section 1256-1 - Voluntary Leaving or Discharge -Relationship to and Distinction from Discharge, Layoff and Other Types of Unemployment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Scope. This section relates to a
						  voluntary leaving of work within the meaning of Section
						  1256 of the code and contrasts it
						  with those situations in which an individual leaves work involuntarily as the
						  result of a discharge, a layoff, a disciplinary suspension or any other cause
						  of cessation of employment. This section distinguishes a suspension of work
						  arising out of a trade dispute pursuant to Section
						  1262 of the code. This section
						  also distinguishes causes of unemployment in which a separation issue does not
						  arise.
If an individual is separated from his or her "most
							 recent work," as defined in Section
							 1256.3 of the code and Section
							 1256-2 of these regulations, the
							 individual is disqualified under Section
							 1256 of the code only if he or she
							 quits work voluntarily and without good cause or is discharged by the employer
							 for work-connected misconduct. A claimant is not disqualified under Section
							 1256 of the code if his or her
							 employment is terminated either as the result of a voluntary leaving with good
							 cause or as the result of a discharge or suspension by the employer for reasons
							 other than work-connected misconduct of the claimant.
If an individual voluntarily leaves his or her most
							 recent work, the disqualification under Section
							 1256 of the code depends upon
							 whether or not the leaving was with good cause. Section
							 1256-3 of these regulations sets
							 forth general principles of good cause. Sections
							 1256-4 to
							 1256-23 of these regulations
							 describe circumstances which are or are not good cause.
Sections
							 1256-30 to
							 1256-43 of these regulations
							 relate to discharges for misconduct.
(b) Voluntary Leaving. A voluntary leaving of
						  work occurs when an employee is the moving party causing his or her
						  unemployment. A voluntary leaving includes, but is not limited to, the
						  following common situations in which the employee is the moving party in
						  causing his or her own unemployment:
(1) A
						  leaving of work at a time when work is available.
(2) The employee's voluntary act or conduct
						  is not work-connected misconduct, but compels the employer to discharge the
						  employee which the employee knew or reasonably should have known would be the
						  result (see subdivision (f) of this section).
(3) A leave of absence requested by the
						  employee (see Section
						  1256-16 of these
						  regulations).
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 1 - Unemployment and Disability Compensation › Part 1 - Unemployment Compensation › Chapter 5 - UNEMPLOYMENT COMPENSATION BENEFITS › Article 1 - ELIGIBILITY AND DISQUALIFICATIONS › Section 1256-2 - Voluntary Leaving -Most Recent Work

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Scope. This section interprets what is
						  and is not "work" as used in Section
						  1256 of the code relating to
						  disqualification for unemployment compensation benefits for leaving "most
						  recent work" voluntarily without good cause, and how the date of filing a claim
						  in person or by mailing a continued claim or other claim affects what is the
						  "most recent work," defined by Section
						  1256.3 of the code as that work in
						  which a claimant last performed compensated services:
(1) Prior to and nearest the date of filing a
						  valid new, reopened, or additional claim for unemployment compensation
						  benefits, a valid primary, reopened, or additional claim for extended duration
						  benefits, or a valid application, or reopened or additional claim for
						  federal-state extended benefits.
(2) During the calendar week for which a
						  continued claim is filed.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 1 - Unemployment and Disability Compensation › Part 1 - Unemployment Compensation › Chapter 5 - UNEMPLOYMENT COMPENSATION BENEFITS › Article 1 - ELIGIBILITY AND DISQUALIFICATIONS › Section 1256-4 - Voluntary Leaving -Good Cause -Apprenticeship Training

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Scope. This section relates to whether
						  good cause exists for leaving most recent work when the individual leaves work
						  to participate in an apprenticeship training program. Sections
						  1256-1,
						  1256-2, and
						  1256-3 of these regulations set
						  forth general principles also applicable under this section.
(b) An individual who leaves work to enter an
						  apprenticeship program, including any apprenticeship program under the Job
						  Training and Partnership Act of 1982, as amended, does so with good cause if
						  the following conditions exist:
(1) The
						  apprenticeship program is fostered by the State of California.
(2) The new work is potentially as permanent
						  as and potentially substantially better than the former
						  work.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 1 - Unemployment and Disability Compensation › Part 1 - Unemployment Compensation › Chapter 5 - UNEMPLOYMENT COMPENSATION BENEFITS › Article 1 - ELIGIBILITY AND DISQUALIFICATIONS › Section 1256-5 - Voluntary Leaving -Good Cause -Attendance at a School or a Training Course

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						  Scope. This section relates to whether good cause exists to leave most recent
						  work when the individual leaves work to enroll in or attend a school or a
						  training course. Sections
						  1256-1,
						  1256-2, and
						  1256-3 of these regulations set
						  forth general principles also applicable under this section.
(b) General Rule. Voluntarily leaving the
						  most recent work to enroll in or attend a school or a training course is not a
						  compelling reason to constitute good cause within the meaning of Section
						  1256 of the code, except as
						  provided in subdivision (c) of this section.
(c) Good Cause to Leave to Attend School or
						  Training Course. An individual who voluntarily leaves the most recent work to
						  attend a school or training course leaves with good cause if, at the time of
						  leaving, any of the following conditions exists:
(1) The employer has requested that the
						  individual participate in a school or a training course.
(2) Prior to obtaining the most recent work,
						  the individual had been enrolled in a retraining or training course, including
						  institutional training under Job Training and Partnership Act of 1982, as
						  amended, conducted in California and scheduled on a full-time basis under the
						  requirements of the particular institution, approved by the director under
						  Section 1267 of the code, continuing the
						  work would require termination of the retraining or training course, and the
						  employer does not or cannot adjust the individual's hours of work to allow
						  continuation of the work and the retraining or training course.
(3) The individual was legally required to
						  attend school due to compulsory attendance requirements based on age and could
						  not arrange to continue working for the same employer while attending
						  school.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 1 - Unemployment and Disability Compensation › Part 1 - Unemployment Compensation › Chapter 5 - UNEMPLOYMENT COMPENSATION BENEFITS › Article 1 - ELIGIBILITY AND DISQUALIFICATIONS › Section 1256-7 - Voluntary Leaving -Good Cause -Disciplinary Action by Employer

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Scope. This
						  section relates to whether good cause exists for leaving most recent work when
						  an individual leaves work due to disciplinary action by the employer. Sections
						  1256-1,
						  1256-2, and
						  1256-3 of these regulations set
						  forth general principles also applicable under this section.
(b) Reasonable Employer Rule. The employer
						  has protectable interests and the right to take reasonable corrective
						  disciplinary action against employee infractions of employer-promulgated
						  reasonable rules, or reasonable employer expectations which relate to standards
						  of behavior, performance, and care which are:
(1) Work-connected or related to the
						  employee's duties and obligations to the employer's interests, which include
						  economic interests, day-to-day business operations, business good will and
						  reputation.
(2) Reasonable when
						  measured against local customs or practices in similar businesses or
						  industries.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 1 - Unemployment and Disability Compensation › Part 1 - Unemployment Compensation › Chapter 5 - UNEMPLOYMENT COMPENSATION BENEFITS › Article 1 - ELIGIBILITY AND DISQUALIFICATIONS › Section 1256-9 - Voluntary Leaving - Good Cause - Domestic Circumstances, Generally

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) This section
						  relates to whether good cause exists for leaving most recent work due to
						  domestic circumstances. This section deals with general principles. Sections
						  1256-10,
						  1256-11, and
						  1256-12 of these regulations deal
						  with particular factual situations involving domestic circumstances. Sections
						  1256-1,
						  1256-2, and
						  1256-3 of these regulations set
						  forth general principles also applicable under this section.
(b) A claimant voluntarily leaves work with
						  good cause based on domestic circumstances if the claimant's obligation is of a
						  real, substantial, and compelling nature such as would cause a reasonable
						  person genuinely desirous of retaining employment to take similar action, and
						  the claimant's reason for leaving work is due to a legal or moral obligation
						  relating to any of the following:
(1) The
						  health, care, or welfare of the claimant's family.
(2) The exercise of parental control over the
						  claimant who is an unemancipated minor.
(3) The existing or prospective marital
						  status of the claimant.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 1 - Unemployment and Disability Compensation › Part 1 - Unemployment Compensation › Chapter 5 - UNEMPLOYMENT COMPENSATION BENEFITS › Article 1 - ELIGIBILITY AND DISQUALIFICATIONS › Section 1256-11 - Voluntary Leaving - Good Cause - Domestic Circumstances - Minor

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A claimant
						  leaves the most recent work with good cause if, as an unemancipated minor, he
						  or she is compelled by his or her parent to accompany the parent to another
						  locality, making it impossible or impractical for the claimant to continue
						  commuting to his or her place of employment. Sections
						  1256-1,
						  1256-2,
						  1256-3,
						  1256-8, and
						  1256-9 of these regulations set
						  forth general principles also applicable under this section, including the
						  definition of "family" and related interpretation of "parent" under Section
						  1256-9 of these
						  regulations.
(b) A minor is
						  unemancipated if the minor's parents have not expressly or impliedly
						  relinquished their right to control the minor's place of residence. The
						  minor-claimant is compelled to follow his or her parent's orders, including the
						  right of a parent to determine his or her child's place of residence. On the
						  other hand, if a minor is emancipated, the minor-claimant does not have good
						  cause for voluntarily leaving work since he or she is not legally compelled to
						  follow his or her parent's orders. However, "emancipation" of a child by his or
						  her parents can be conditional or absolute, or complete or partial. For
						  example, the minor-claimant may have to fulfill certain conditions, such as
						  obtain a minimum wage-earning job in order to be self-sustaining, before the
						  parents will relinquish complete control over the minor. Or, the minor-claimant
						  may have only some activities typical of adulthood, such as entering and
						  leaving the parental home at will, keeping or spending his or her earnings at
						  will, or managing his or her affairs for the most part, but still be reliant,
						  generally, or his or her parent for overall care and supervision. Thus, where
						  the minor-claimant is only partially or conditionally emancipated, the
						  important issue is whether that minor's parents have relinquished complete
						  control over his or her place of residence. If so, then the minor-claimant who
						  voluntarily leaves work does so without good cause.
1. New
							 section filed 4-18-80; effective thirtieth day thereafter (Register 80, No.
							 16).
Note: Authority cited: Sections
								305
								and
								306,
								Unemployment Insurance Code. Reference: Section
								1256,
								Unemployment Insurance Code.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 1 - Unemployment and Disability Compensation › Part 1 - Unemployment Compensation › Chapter 5 - UNEMPLOYMENT COMPENSATION BENEFITS › Article 1 - ELIGIBILITY AND DISQUALIFICATIONS › Section 1256-13 - Voluntary Leaving -Good Cause -Equipment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Scope. This section relates to whether
						  good cause exists for leaving the most recent work when an individual's leaving
						  of work is due to the lack of equipment necessary to do the work, or the
						  improper, inadequate, or defective nature of such equipment, or the employer's
						  requirements that the employee furnish certain equipment. Sections
						  1256-1,
						  1256-2, and
						  1256-3 of these regulations set
						  forth general principles also applicable under this section.
(b) Lack of Equipment. An employee who leaves
						  the most recent work due to the lack of equipment necessary to do the work has
						  voluntarily left with good cause if the following conditions are met:
(1) It is the employer's duty to furnish the
						  equipment.
(2) He or she complained
						  to the employer of the lack of necessary equipment and the employer took no
						  steps to remedy the situation.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 1 - Unemployment and Disability Compensation › Part 1 - Unemployment Compensation › Chapter 5 - UNEMPLOYMENT COMPENSATION BENEFITS › Article 1 - ELIGIBILITY AND DISQUALIFICATIONS › Section 1256-14 - Voluntary Leaving -Good Cause -Experience or Training

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Scope. This section interprets whether an
						  individual leaves most recent work with or without good cause when the leaving
						  is because the work did not utilize the individual's skills or the individual
						  believes that his or her experience or training is insufficient to do the work
						  or the work did not present an opportunity to acquire the experience or
						  training desired in another job or occupation. Sections
						  1256-1,
						  1256-2, and
						  1256-3 of these regulations set
						  forth general principles also applicable under this section.
(b) Nonutilization of Skills. An individual
						  who leaves the most recent work because it does not utilize his or her highest
						  work skills has left the work without good cause. However, an individual may be
						  hired to perform work requiring the use of certain skills but instead at the
						  time of first reporting to work is permanently assigned by the employer to
						  other work. If the individual after a brief period of working finds that the
						  skills cannot be utilized in the assigned work, and leaves the work for this
						  reason, the leaving is with good cause.
(c) Insufficient Experience or Training. An
						  individual who leaves the most recent work due to a belief that the individual
						  has insufficient experience or training to do the work does not have a
						  compelling reason for leaving and has left the work without good
						  cause.
(d) Lack of Opportunity for
						  Experience or Training. An individual who leaves the most recent work because
						  it does not offer experience or training in another occupation which the
						  individual desires to enter has left work without good cause. For example, a
						  food server who is studying typing and leaves the work due to a desire to
						  obtain routine office work with some required typing to obtain experience has
						  left work without good cause.
1. New
							 section filed 4-18-80; effective thirtieth day thereafter (Register 80, No.
							 16).
Note: Authority cited: Sections
								305
								and
								306,
								Unemployment Insurance Code. Reference: Section
								1256,
								Unemployment Insurance Code.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 1 - Unemployment and Disability Compensation › Part 1 - Unemployment Compensation › Chapter 5 - UNEMPLOYMENT COMPENSATION BENEFITS › Article 1 - ELIGIBILITY AND DISQUALIFICATIONS › Section 1256-20 - Voluntary Leaving -Good Cause -Time

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Scope. This section relates to whether
						  good cause for leaving the most recent work exists when an individual's leaving
						  of work is due to various time elements which may cause the individual to leave
						  a job, including days of the week, hours, overtime, part-time or full-time
						  work, seasonal employment, and temporary employment. Sections
						  1256-1,
						  1256-2, and
						  1256-3 of these regulations set
						  forth general principles also applicable under this section.
(b) Good Cause. An individual has voluntarily
						  left the most recent work with good cause if all of the following conditions
						  exist:
(1) There was a real, substantial, and
						  compelling reason for leaving work due to those conditions of work that relate
						  to the elements of time considered in this section.
(2) The individual informed the employer of
						  the reason for leaving.
(3) The
						  individual allowed the employer a reasonable opportunity to adjust the
						  situation.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 1 - Unemployment and Disability Compensation › Part 1 - Unemployment Compensation › Chapter 5 - UNEMPLOYMENT COMPENSATION BENEFITS › Article 1 - ELIGIBILITY AND DISQUALIFICATIONS › Section 1256-21 - Voluntary Leaving -Good Cause -Union Relations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Scope. This section relates to whether
						  good cause for leaving the most recent work exists when an individual's leaving
						  of work is caused by occurrences relating to union status, union rules, union
						  activities, or other circumstances relating to union relations. Sections
						  1256-1,
						  1256-2, and
						  1256-3 of these regulations set
						  forth general principles also applicable under this section.
(b) Objections to Union.
(1) An individual's refusal to join or retain
						  membership in or pay an agency service fee to a bona fide labor organization
						  which has a collective bargaining agreement with the employer which provides
						  that union membership or fee payment is a condition of hire or continued
						  employment, or an individual's personal objection to all unions, some specific
						  unions, union officials, or union practices and policies, is not good cause for
						  voluntarily leaving work unless based on a bona fide conscientious objection.
						  (For discussion of conscientious objection as a basis for leaving work, see
						  Section 1256-6 of these
						  regulations.)
(2) The result is
						  different if a worker does not have to join a union or pay a union fee. If
						  union membership or payment of a union agency service fee is not a condition of
						  hire or continued employment under a collective bargaining agreement, an
						  individual's refusal to join or to retain membership in a bona fide labor
						  organization or pay the fee is not good cause for voluntarily leaving work
						  unless the individual's refusal is based on a bona fide conscientious objection
						  or the individual is threatened with and has a reasonable fear of, or is
						  subjected to, physical injury to force him or her to join or to remain a member
						  of a union.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 1 - Unemployment and Disability Compensation › Part 1 - Unemployment Compensation › Chapter 5 - UNEMPLOYMENT COMPENSATION BENEFITS › Article 1 - ELIGIBILITY AND DISQUALIFICATIONS › Section 1256-30 - Discharge for Misconduct -General Principles

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Scope. This section relates to general
						  principles for discharge for misconduct connected with the most recent work.
						  Sections 1256-31 to
						  1256-43, inclusive, of these
						  regulations, relate to specific reasons for discharge for misconduct. An
						  individual who accepts future work but engages in conduct which causes the
						  employer to prevent or prevents commencement of this work, has not been
						  discharged for misconduct but the issue is raised of whether the individual has
						  refused suitable work without good cause and is disqualified under subdivision
						  (b) of Section
						  1257 of the code. See Sections
						  1256-1 and
						  1256-2 of these regulations for
						  interpretations of voluntary leaving, as distinguished from discharge, and of
						  most recent work.
(b) Elements of
						  Misconduct. Misconduct connected with his or her most recent work exists for an
						  individual's discharge if all of the following elements are present:
(1) The claimant owes a material duty to the
						  employer under the contract of employment.
(2) There is a substantial breach of that
						  duty.
(3) The breach is a willful
						  or wanton disregard of that duty.
(4) The breach disregards the employer's
						  interests and injures or tends to injure the employer's
						  interests.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 1 - Unemployment and Disability Compensation › Part 1 - Unemployment Compensation › Chapter 5 - UNEMPLOYMENT COMPENSATION BENEFITS › Article 1 - ELIGIBILITY AND DISQUALIFICATIONS › Section 1256-36 - Discharge for Misconduct -Insubordination

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) This section relates to discharge from
						  the most recent work for misconduct due to insubordination. Section
						  1256-30 of these regulations sets
						  forth general principles also applicable under this section.
(b) Implicit in the agreement of hire is the
						  concept that an employee is subject to some degree of authority exercised by
						  the employer or the employer's representative. An employee is insubordinate if
						  he or she intentionally disregards the employer's interest and willfully
						  violates the standard of behavior which the employer may rightfully expect of
						  employees in any of the following ways:
(1)
						  Refuses, without justification, to comply with the lawful and reasonable orders
						  of the employer or the employer's representative. Compliance is not required in
						  the following circumstances:
(A) The order is
						  unreasonable because compliance is impossible for the employee due to reasons
						  such as physical limitations which are peculiar to him or her and, if the
						  reasons are not apparent, are made known to the employer or the employer's
						  representative.
(B) The order is
						  unreasonable because compliance would impose a new and unreasonable burden on
						  the employee.
(C) The order is
						  unreasonable because it does not relate to or affect the employer's business
						  interests.
(D) The employee
						  reasonably and in good faith believes compliance would result in a violation of
						  the law, objects or makes a reasonable effort to object to the employer, and
						  the employer makes no reasonable effort to explain the basis for the order to
						  the employee. Whether compliance with the order would be a violation of the law
						  is not determinative.
(E) The
						  employee reasonably believes compliance with the order would cause an undue
						  risk of injury or illness (see Section
						  1256-15 of these
						  regulations).
(F) The employee has
						  a reasonable and good-faith doubt of the authority of the individual issuing
						  the order.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 1 - Unemployment and Disability Compensation › Part 1 - Unemployment Compensation › Chapter 5 - UNEMPLOYMENT COMPENSATION BENEFITS › Article 1 - ELIGIBILITY AND DISQUALIFICATIONS › Section 1256-37 - Discharge for Misconduct -Intoxication and Use of Intoxicants

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) This section
						  relates to discharges from the most recent work for misconduct due to
						  intoxication or the use of intoxicants. Section
						  1256-30 of these regulations sets
						  forth general principles also applicable under this section.
(b) Except as provided in subdivision (c) of
						  this section, an employee's conduct constitutes misconduct due to intoxication
						  or the use or consumption of intoxicants if any of the following occurs:
(1) He or she is intoxicated at the time he
						  or she reports to work or returns to work following a lunch or rest period or
						  similar break period. As used in this subdivision, "intoxicated" means under
						  the influence of any intoxicant to the extent that a reasonable observer would
						  conclude that there is a significant adverse effect upon an individual's normal
						  ability, skill, or competence to perform the usual duties of the work
						  assigned.
(2) He or she uses or
						  consumes any intoxicant other than alcohol during a lunch or rest period or
						  similar break period.
(3) He or she
						  uses or consumes any intoxicant during working hours.
(4) He or she uses or consumes alcohol during
						  a lunch or rest period or similar break period after prior warning or notice of
						  an employer rule that use or consumption of alcohol during such break periods
						  will result in discharge.
(5) He or
						  she reports to work not intoxicated but with offensive physical effects due to
						  the use or consumption of any intoxicant which adversely affects his or her
						  ability or performance on the job, after receiving at least one warning or
						  reprimand.
California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 1 - Unemployment and Disability Compensation › Part 1 - Unemployment Compensation › Chapter 5 - UNEMPLOYMENT COMPENSATION BENEFITS › Article 1 - ELIGIBILITY AND DISQUALIFICATIONS › Section 1256-40 - Discharge for Misconduct -Tardiness

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Scope. This section relates to discharge
						  for misconduct in connection with one's most recent work due to single or
						  repeated instances of tardiness in reporting to work. Section
						  1256-30 of these regulations sets
						  forth general principles also applicable under this section.
(b) Employee's Duty to Employer. The
						  employee's obligation to arrive at work on time is an implied obligation which
						  the employer does not have to set forth at the time of hire.
(c) Tardiness as a Breach of the Employee's
						  Duty. Tardiness breaches the standard of punctual behavior which the employer
						  has the right to expect. Tardiness is misconduct if it results in a substantial
						  breach and disregard of the duty owed to the employer and shows a willful or
						  wanton disregard of and injures or tends to injure the employer's interests,
						  such as any of the following circumstances:
(1) Repeated inexcusable tardiness to work
						  despite a recent warning that inexcusable tardiness may result in
						  discharge.
(2) An instance of
						  inexcusable tardiness considered in conjunction with violations of other
						  employer standards and prior reprimands or warnings for those
						  violations.
(3) A single instance
						  of inexcusable tardiness which causes reasonably foreseeable substantial injury
						  to the employer's interests.