California

Unemploy­ment Law

During the COVID-19 pandemic, job losses skyrocketed, and the unemployment rate reached double digits. Congress responded by creating several temporary unemployment benefit programs. Many employees were eligible for unemployment because they lost their jobs due to COVID-19 and the steps state and local governments took to contain it. Millions more received temporary federal benefits under the Pandemic Emergency Unemployment Compensation program because they were still unemployed when their state benefits ran out. And, many gig workers, contractors, and self-employed people were temporarily eligible for  unemployment benefits through the Pandemic Unemployment Assistance program. 

Expired Federal Pandemic Unemployment Programs 

However, these federal programs ended on September 6, 2021. In some states, they ended even earlier: About half the states decided to stop participating in these programs before they expired.

Since September 6, 2021, these benefits have no longer been available. That means:

• Benefits are no longer available to the millions of gig workers, contractors, and freelancers who were receiving unemployment through the Pandemic Unemployment Assistance program. 
• Benefits are no longer available through the Pandemic Emergency Unemployment Compensation program, which offered additional benefits to those who were still unemployed when they used up their state benefits. 
• Benefits have been reduced for those who were receiving Pandemic Unemployment Compensation, a program that offered $300 extra per week to those collecting unemployment. 

All told, experts estimate that more than seven million people lost their benefits on Labor Day, 2021. More than two million more saw their benefits cut by $300 per week. 

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1. Are coronavirus unemployment benefits still available?

2. How do I apply for unemployment if I am out of work due to COVID-19?

3. Can self-employed people and gig workers who have lost work due to COVID-19 collect unemployment?

4. How much will I get in unemployment benefits if I am unemployed due to COVID-19?

5. How long will my benefits last if I am unemployed because of COVID-19?

6. Can I collect unemployment if I was furloughed due to COVID-19?

7. Where can I find the latest information on how California is dealing with unemployment claims relating to coronavirus?

1. Are coronavirus unemployment benefits still available?

As of September 6, 2021, the answer is no. The special pandemic programs Congress created to help those who have lost work due to COVID-19 (and the steps state and local governments have taken to stop the spread of the coronavirus) have expired. These programs included:

• Pandemic Unemployment Assistance (PUA), which made benefits available to those who wouldn't qualify for traditional unemployment benefits, including the self-employed, gig workers, those who have already used up their state benefits, and those who don't meet the work history eligibility requirement in their state. 
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In California, you can earn up to $450 per week in unemployment benefits under state law. 

Although additional money ($300 extra per week) was available under the temporary Pandemic Unemployment Compensation program, that program expired on September 6, 2021 (or earlier, in states that cut off these benefits before the program ended). For weeks of unemployment starting on September 6, you will not receive these additional benefits. 

Every state has its own rules for calculating unemployment benefits. Typically, the amount you receive each week is based on your earnings when you were employed. After all, unemployment benefits are intended to replace some of the income you lost along with your job, and tide you over until you find new work.

Calculating Your Benefit Amount

Your weekly unemployment benefit amount depends on your earnings during the base period.

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In California, you can receive unemployment benefits for a maximum of 26 weeks under state law. 

In times of high unemployment, additional weeks of benefits may be available under a different federal program, the Extended Benefits program (see below).

Each state sets its own rules for how long unemployment benefits last. Until quite recently, virtually all states offered a maximum of 26 weeks of benefits. In the last five or six years, however, some states have changed their rules on duration of benefits (in most cases, to offer benefits for a shorter period of time).

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In order to collect unemployment, you must meet two basic requirements. First, you must have earned at least a minimum amount, set by state law, in the time before you lost your job. Second, you must be out of work through no fault of your own. (For more information on each of these requirements, see Who is Eligible for Unemployment Benefits in California?)

If you lose your job in a layoff, reduction-in-force (RIF), or downsizing, you will be eligible for unemployment insurance benefits. But what if you are fired? And, what if you are wrongfully terminated -- that is, fired for illegal reasons?  

If You Were Fired 

In some situations, you may still qualify for unemployment benefits in California even if you are fired from your job. For example, if you were fired because you were just a poor fit, you may still be eligible for benefits. 

You may be disqualified from receiving benefits if you were fired for job-related misconduct. California defines misconduct narrowly. All four of the following statements must be true for the Employment Development Department to conclude that you were fired for misconduct:

• You must owe a material duty to your employer. 
• You must have committed a substantial breach of that duty. 
• Your breach must show a wilful or wanton disregard of that duty. 
• Your breach must disregard the employer's interests and injure or tend to injure the employer's interests.

For example, it is not enough for an employer to state that you were fired for being absent. The Employment Development Department will consider whether you had permission to be absent, whether you had a compelling reason to be absent, and whether you had received prior warnings or reprimands. 

How Can I Find an Unemployment Lawyer in California?

There are several ways to find a good lawyer to help with your unemployment claim in California.

Personal Recommendations

The best way to find a lawyer is always through a referral from someone you know. Ask family members, friends, and professional contacts whether they can recommend a good employment lawyer. 

Lawyers specialize, so your friend’s divorce lawyer won’t be the right person to handle your unemployment case. However, lawyers also know other lawyers, so don’t hesitate to ask a recommended lawyer in a different field for an employment lawyer referral. 

If you can’t find a lawyer through personal recommendations, here are a few other options.

Lawyer Directories

A number of websites offer lawyer directories: lists of lawyers that specialize in a particular field. Keep in mind, though, that these lawyers likely have not been screened for their experience or expertise; it’s up to you to make sure that the attorney you talk to has the right qualifications for your case. Here are a few options:   

• The “Find a Lawyer” tool at the website of the National Employment Lawyers’ Association (a professional organization of attorneys who represent employees)
• Nolo Employment Lawyer Directory
• Justia Directory of Employment Attorneys

Bar Association Directories

You can find lawyers that specialize in employment law through the California Bar Association Lawyer Referral Service. Although the lawyers listed are in good standing (that is, they haven’t been suspended or disbarred), they may not have been screened for experience, quality, or expertise. You will need to determine whether a particular attorney has the qualifications and experience required to handle your case.  

Legal Aid Services

You may qualify for free legal help, if your income is low enough. Every state has legal aid offices that provide legal assistance to people who meet their income guidelines. Check with LawHelpCA to learn more.

Many law schools have clinical programs that offer free legal help from law students who are learning the ropes, supervised by professors or practicing attorneys. Find a law school near you on this list from the American Bar Association, then select it to learn more about its legal clinics.

Nolo/Martindale Attorney Network

LegalConsumer.com is an affiliate of the Martindale/Nolo attorney network and can connect you with attorneys in your area who handle unemployment appeals. 

If you may be (or already have been) denied unemployment benefits in California, you may be wondering whether you need a lawyer -- and whether you can afford to hire a lawyer to help with your unemployment case. It all depends on your financial situation and how (and how much) the attorney charges. Although unemployment attorneys often charge by the hour, an unemployment attorney may be willing to offer you a contingency fee arrangement in some situations. This means the lawyer gets paid only if you win, out of the money you receive as a settlement or award. 

Below, we explain some typical attorney fee arrangements in unemployment cases. 

Initial Consultation

Your first step in choosing an attorney – and deciding whether it makes sense to fight your employer in an unemployment claim, appeal, or lawsuit – is an initial consultation. The initial consultation provides you and the attorney an opportunity to decide whether and how you will work together. more...