Legal Question in Employment Law in California

I�ve got letter from my employer saying: Based on recent changes within company�s business environment, and after reviewing a number of alternatives, we have concluded that a new organizational structure will better align or function with the areas we support. Consistent with these plans, some positions will be eliminated and employments are expected to commence on or about 8/20/2009.

We regret to inform you that as part of these changes your current position is being eliminated and you will be laid off effective 10/18/2009.

During this notice period, you are not expected to continue with your current job, although it remains possible that you may be requested to perform some duties�.

I filed a UI claim. EDD clerk told me that I am eligible to receive benefits:

1. Not working

2. Physically able to work

3. Actively seeking work

4. Ready to accept work

Now I�ve got letter from EDD that I was not eligible to receive benefits during this 2 month period (8/20/2009 - 10/18/2009). Is that right?


Asked on 6/18/10, 10:26 am

1 Answer from Attorneys

Yes. You are still employed until 10/18 unless you find a new job sooner, or quit. But if you quit you can't collect unemployment, and if you are employed you can't receive unemployment. Since you are not laid off until 10/18, you can't collect unemployment until then.

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Answered on 6/23/10, 9:27 am


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