Employment Development Department personnel refer to eight volumes that make up a Benefit Determination Guide to make proper decisions about eligibility for unemployment insurance benefits. The guide presents discussions about unemployment insurance law and is based on California’s Unemployment Insurance Code, federal law, federal regulations, California Code of Regulations, Title 22, U.S. Supreme Court case law as well as California Supreme Court case law, case law from the federal and state courts as well as Precedent Benefit Decisions issued by the California Unemployment Insurance Appeals Board.
Each volume covers one broad area of unemployment insurance law, and the eight broad areas covered are:
- Able and Available (AA)
- Miscellaneous (MI)
- Misconduct (MC)
- Preface (PR)
- Suitable Work (SW)
- Total and Partial Unemployment (TPU)
- Trade Dispute (TD)
- Voluntary Quit (VQ)
California Claimants who do not fall into the “laid off” category where a telephone eligibility interview is scheduled upon claim opening should become familiarized with the Benefit Determination Guide as well as the insurance codes and regulations and other resources.
Another comprehensive resource prepared by the Sacramento Law Library is their Unemployment Insurance webpage which provides information on the basics of an unemployment claim as well as hyperlinks to:
- Self Help Resources
- Legal Encyclopedias and Law Summaries
- Practice Guides and Specialized Texts
- Statutes, Regulations, and Administrative Decisions
- Websites and Forms
- Community Resources
By becoming familiarized with the unemployment insurance claims process, the laws and rules that govern it, and in the least - where to search for information concerning unemployment insurance claims, can assist claimants in preventing an improperly denied claim as well as assist claimants in properly asserting their rights through a successful appeals process.
Comments