Disqualifications
Overview
When the California Employment Development Department (EDD) makes a decision disqualifying a claimant from receiving benefits it issues a Notice of Determination, DE 1080. If the claimant was overpaid the EDD will also send a Notice of Overpayment, DE 1444. The DE 1080 has information about the claim, the disqualification, and what steps to take to file an appeal.
Disqualification Type and Duration
The first section of the DE 1080 Notice of Disqualification contains the UI Code Section under which the disqualification was issued and the time period(s) the disqualification remains in effect. Not all disqualifications are the same. Below are the most common issues under which a disqualification is issued and their periods of effect:
Quit or Was Fired
The claimant is disqualified from the Sunday of the week in which the quit or discharge occurred and continuing until he has returned to work and earned at least 5 times the Weekly Benefit Amount (WBA) and is then unemployed and out of work through no fault of their own.
Not Able and Available for Work
The claimant is disqualified from the Sunday of the week the disqualifying condition(s) began and continuing until the condition(s) no longer exist and the claimant contacts the EDD to reopen the claim.
Refusal of Suitable Work
The disqualification starts the Sunday of the week in which the job refusal occurred. The disqualification is between 2 and 10 weeks for a single first time refusal of work. The number of weeks varies based on the circumstances of each case. The claimant is not eligible to receive benefits until the disqualified weeks have passed. The claimant is not required to be able and available for work during this time or to turn in the continued claim forms, DE 4581. However, if the claimant does not continue to turn in claim forms during the disqualified weeks, they must be sure to contact the EDD to reopen the claim once the disqualification period is over.
False Statement
A claimant can be disqualified for knowingly giving false information to the EDD. The disqualification starts the Sunday of the week in which the EDD issues the Notice of Determination, DE1080. The disqualification will be from 2 to 15 weeks of penalty for the first false statement penalty. The number of weeks assessed will depend on the circumstances of the case.
ADVERTISEMENT
The claimant remains disqualified and unable to collect benefits until the claimant has submitted a continued claim form, DE 4581, for the number of weeks of the penalty. For each week submitted the clamant must be able and available for work and actively seeking work even though not being paid benefits. The weeks do not have to be turned in consecutively. The penalty will remain in effect until the number of penalty weeks are submitted to the EDD. After three years, the penalty ends regardless of the number of weeks submitted against the penalty.
Reasons for Disqualification
The second section of the DE 1080 lists the reason(s) the EDD had for issuing the disqualification. It will state the facts of the case as determined by the EDD and explain how the EDD arrived at the disqualifying decision.
Appeal Rights
The third section of the DE 1080 lists the appeal rights and the steps the appellant will need to take to file an appeal. It will provide the last date the appeal can be filed for it to be considered timely and information on how to continue to certify for benefits pending the outcome of the appeal.