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Employment Law

  • 실직수당이란

Unemployment benefits are payments made by the state or other authorized bodies to unemployed people. Benefits may be based on a compulsory para-governmental insurance system. Depending on the jurisdiction and the status of the person, those sums may be small, covering only basic needs (thus a form of basic welfare), or may compensate the lost time proportionally to the previous earned salary. They often are part of a larger social security scheme.

Unemployment benefits are generally given only to those registering as unemployed, and often on conditions ensuring that they seek work and do not currently have a job.

In some countries, a significant proportion of unemployment benefits are distributed by trade/labor unions, an arrangement known as the Ghent system.

 

  • 실직수당 (고용인-Employee 입장): 회사에서 해고를 당한 경우, Unemployment에 해당하므로, 곧바로 EDD 실직수당을 신청할 수 있습니다. 신청하는 방법은, 전화, on Line 신청, 서류신청등이 있습니다.
    • 전화는 월요일부터 금요일까지 오전 8시에서 오후 5 사이에 전화, 편한 시간에 website 통하여 신청할 있습니다. 월요일 화요일이 가장 바쁜 요일이기 때문에 수요일에서 금요일 사이에 전화를 하시면 빨리 신청하실수 있습니다.

    Ø  영어가 가능하신분: 1-800-300-5616 (아직 안타깝게도 한국어 전용전화가 없습니다)

      Web site에 들어가 On Line으로 신청하는것은 가장 신속하고 정확합니다. 그리고 본인이 편한 시간에 24시간 중 아무때나 들어가 신청할 수 있으므로, 여유가 있고, 영어가 부족하면 이것저것 알아보며 신청할 수 있어 더욱 좋습니다. 위의 EDD window를 click하시면, 곧바로 EDD Website 와 연결되어 있어 바로 들어가시기가 수월합니다.  잘 working 이 안되시면, 아래 주소로 직접 들어가시면 됩니다. Øhttp://eapply4ui.edd.ca.gov 가셔서 신청하실 수도 있습니다.

      자세한 사항을 알고 싶으시면, www.edd.ca.gov 가셔서 알아보실수 있습니다.

       

      • 실직수당 (고용주-Employer 입장): UI 신청을 많이 하면 수록 회사의 UI Rate 올라가기 때문에 어떤 고용인을 해고할 때에는 이것을 감수하셔야 합니다. 그리고 이것은 회사가 결정하는것이 아니고, 회사는 있는 사실대로 보고를 한다면, EDD 모두 review ,  Eligibility결정합니다. 따라서 Part time이건 Full time이건, 일을 한지 한달이 되었건, 10년이 되었건, 모두 해당이 됩니다. , low performance 해고한 경우와 본인 의사에 따른 Voluntary사직인 경우에는 해당사항이 없습니다. 그러나 이것도 EDD 혜택을 결정할 수도 있으므로 매사에 빠르고 정확한 follow up이 중요합니다.

      Before you Start:
      Information you need to apply for UI

      Your time is valuable and we want the claim filing process to go as quickly as possible, so we have identified critical items you should have immediately available regardless of which option you select to file your claim.

      Information we will need:

      1. Your name (including all names you used while working) and social security account number.
      2. Your mailing and residence address (including ZIP code) and telephone number (including area code).
      3. Your state issued driver's license or ID card number, if you have either.
      4. The last date you worked for any employer. If you are working part-time be sure to tell us you are still working, give us the number of hours you are working each week, and tell us the last day you worked prior to filing a UI claim.
      5. Last employer information, including: name, address (mailing and physical location) and telephone number. We will also need the ZIP code for both addresses (mailing and physical location) and the area code for your last employer's telephone number.

        Be specific about the spelling of the employer's name and make sure the address is correct because we are required to mail a notice to that employer. An incorrect address will delay benefit payments.
      6. Information on all employers you worked for during the 18 months prior to filing your claim, including: name, period of employment, wages earned and how you were paid.
      7. The name of the employer you worked for the longest within the last year and a half; and the number of years you worked for that employer. This may or may not be the same as your last employer.
      8. The reason you are no longer working for your last employer. You may have quit, been laid off, fired, or left work because of a trade dispute. Be specific about the reason you are not working because the information you give to us must be sent to your last employer. If you quit, were fired, or left work because of a trade dispute, you will be scheduled to a future telephone interview. The information we obtain during the interview will help us decide if you are eligible to receive benefits.
      9. Whether you are receiving, or expect to receive any payments from a former employer. We ask about this because some types of payments may be deducted from your benefits. A few examples of payments that may be deducted include wages, pension payments, holiday pay, and vacation or sick pay. Severance pay is not deducted from unemployment insurance benefits and does not affect your eligibility to receive benefits. However, you must report severance pay at the time you file your unemployment insurance claim.
      10. Whether you are able to work and available to accept work.
      11. Whether you have a legal right to work in the United States. If applicable, individuals will be asked for their alien registration number. For examples of documents we may ask you about, take the time to review Legal Status and Authorization to Work.

      Eligibility

      Meeting Eligibility Requirements

      An individual who files for unemployment insurance (UI) benefits must meet specific eligibility requirements before benefits can be paid. Individuals must:

      • Have received enough wages during the base period to establish a claim.
      • Be totally or partially unemployed.
      • Be unemployed through no fault of his/her own.
      • Be physically able to work.
      • Be available for work which means to be ready and willing to immediately accept work.
      • Be actively looking for work.
      • Meet eligibility requirements each week benefits are claimed.
      • Be approved for training before training benefits can be paid.

      Wages to establish a claim

      Employers report wages to the Department for each employee. The department uses this information to decide if an individual earned enough wages in a base period to establish a UI claim. A base period is a specific 12-month period. For example, if a claimant files a claim that begins in April, May, or June, the claim is calculated based on wages paid to the claimant between January 1 and December 31 of the prior year.

      The minimum weekly benefit amount is $40 and the maximum weekly benefit amount is $450. For more information about how the Department calculates a UI claim, review A Guide to Benefits and Employment Services, DE 1275A, and the California Employer’s Guide, DE 44.

      Reason an individual is unemployed

      The reason an individual is out of work can affect his/her eligibility for benefits.

      • A person who is laid off is out of work through no fault of his/her own.
      • A person who quits work or is fired from work will be scheduled to a telephone interview because there is a separation issue that must be resolved.

      The Department interviewer obtains and documents information about the separation from the employer and claimant and decides, according to law and regulations, if the person is eligible to collect benefits. The Department mails a notice to the claimant who is not eligible for benefits. The Department mails a notice to the employer who responded timely to the notice of claim filed. The notice advises the employer about whether the claimant is eligible or not, and whether the employer's account will be charged for benefits paid to the former employee. Either party can disagree with an unfavorable decision and file an appeal.

      Individuals must meet eligibility requirements each week that they claim benefits

      A person must be:

      • Physically able to work.
      • Available for work.
      • Actively looking for work each week benefits are claimed.

      An individual must complete a claim form every two weeks, sign and date the form and return it to the Department for payment. If the information on the form shows that the individual did not meet eligibility requirements, the Department will schedule a telephone interview. Based on the information obtained, benefits may be reduced or denied. An individual who disagrees with our decision to reduce or deny benefits may file an appeal.

      Review Online Job Center to learn more about services EDD provides to job seekers.

      Approved Training

      Individuals interested in enrolling in training to increase their job opportunities should review the following:

      Claimants who receive Unemployment Insurance benefits must report any school attendance to the EDD in the week when school begins. Claimants attending a training course approved under the California Training Benefits Program are not required to look for work, be available for work, or accept work while in training.

      For more information about UI:

      Starting and Managing Your UI Claim

      To apply for unemployment insurance benefits, you must be:

      • completely unemployed or working less than full-time,
      • ready and looking for work, and
      • have worked in the last 18 months.

      Before You Start: How to Apply for UI

      Apply immediately for UI benefits when your job has ended or when your employer has cut back your hours.

      Video: How to apply for Unemployment

      Video: Cómo Solicitar Los Beneficios del Seguro del Desempleo

       

      Ways to File

      Unemployment Insurance Applications

      en Español

      • File your claim online by accessing eApply4UI at any time, at your convenience, in English or Spanish. It is secure, reliable, and the fastest way to file your claim.
      • File by TelephoneTelephone us between 8 a.m. and 5 p.m. Monday through Friday. This service is not available on State holidays.
      • File by Mail or FaxUse our paper application. The application can be completed online and printed, or it can be printed and completed by hand. The application can then be faxed or mailed to an EDD office for processing.

      Ex-Servicemembers and Federal Employment NEW!

      If you served in the Military during the last 18 months and/or if you worked for an agency of the Federal government during the last 18 months, you may be able to file for Unemployment Insurance benefits using our on-line application or our paper application. To get started, select one of the claim filing option links above.

       

       

      After you Filed

      The Telephone Interview

      You should receive your claim materials within 10 days of filing your application for UI benefits. If there are any questions about your eligibility, Department staff will call employers as well as claimants to resolve eligibility issues. Usually, we contact an employer and the former employee to obtain information about the reasons the individual quit or was fired from work. In the case of a discharge, it is the employer's responsibility to prove that the former employee was fired for misconduct connected with work. In the case of a quit, the individual must show that he/she had good reason for quitting a job. For UI purposes, school employee claims have distinctive eligibility requirements.

      Department staff conduct telephone interviews with employers and claimants to resolve other eligibility issues as well. For example, if an individual refused an offer of work, we will first decide if the work was suitable. If we find that the work offered was not suitable, the individual will not be disqualified from receiving benefits. If we find that the work offered was suitable, then the individual must show good cause for refusing suitable work. Refusing suitable work can result in a loss of benefits from 2 to 10 weeks. We will ask about payments from an employer that is for other than work performed because some types of payments will be subtracted from UI benefits. We must review a person's availability for work because claimants must be available for work and willing to accept work when offered. We will also verify whether the claimant is able to work.

      How can employers be better prepared to provide information to Department interviewers?

      A Department interviewer will call the telephone number that the employer or employer's agent entered on the Notice of Unemployment Insurance Claim Filed, DE 1101CZ, or other correspondence returned to us. Employers should be sure that the person shown as a contact is familiar with the details concerning the former employee's separation from work or other eligibility issues. The employer should also ensure that the contact has authority to release the information. Depending on the kind of information needed, the telephone call should be brief. However, follow-up calls may be necessary to resolve conflicts in information obtained. To help reduce unemployment insurance costs it is important that the employer:

      • Keep good employment records
      • Give written warnings when necessary
      • Conduct and document exit interviews
      • Answer the Department interviewer's questions with detailed responses

      How can claimants be better prepared to provide information to Department Interviewers?

      The Department mails a notice of the time and date of a scheduled telephone interview to the claimant. The notice includes several questions that may be asked during the interview. The claimant should review the questions and gather all the records that may be needed for the interview. For example, a claimant will be asked to explain why he/she is no longer employed. Other issues that could come up during the interview may include efforts to look for work, ability to work and availability for work. It is important that claimants:

      • Be available at the time specified for the interview.
      • Keep good employment records about actions or conditions that lead to the quit or refusal of an offer of new work
      • Document what actions lead to the discharge
      • Document actions taken to resolve issues and keep the job
      • Prepare for the interview by reviewing the questions included on the notice of interview
      • Answer the Department interviewer's questions with detailed responses

      For more information about the questions we may ask during the telephone interview:

      • Review the appropriate volume of the Benefit Determination Guide. For example, the volume entitled Voluntary Quit (VQ) presents discussions about eligibility issues related to the reason(s) people quit their jobs. The sections entitled Fact-Finding Guide lists questions that we often ask to resolve eligibility issues.
      • Review Meeting Eligibility Requirements as well as the Eligibility and Collecting Benefits sections of Frequently Asked Questions to help prepare for the telephone interview.

      Completing the Continued Claim Form

      Unemployment Insurance (UI) benefits are paid after a properly completed and signed Continued Claim form is submitted to the Employment Development Department (EDD). You will receive a Continued Claim form within 10 days of EDD processing your application for UI benefits. If you are determined initially eligible after filing your application for benefits and you meet all eligibility requirements on the Continued Claim form you return to us, a check is issued with another Continued Claim form. Claim forms are submitted every two weeks.

      To prevent delay in receiving benefits, the following are tips for completing the Continued Claim form:

      • Read the handbook.
        • A Guide to Benefits and Employment Services handbook is sent when a claim is filed and it explains how to properly complete the claim form.
      • Use blue or black ink when completing the form.
        • Avoid colors like pink or red. They cannot be read by our electronic scanners.
      • Mark the answers by completely filling in the box.
        • Be sure to answer every question.
        • DO NOT use an “X” to mark your answer.
      • Report gross wages (monies earned before taxes) in the week physically worked regardless of when the paycheck was received.
        • Review hourly wage or pay information for accuracy in reporting gross wages. If working part-time, it is recommended to utilize a calendar and post hours worked throughout the week. Total the hours worked and calculate earnings on a weekly basis (Sunday through Saturday). This calendar can be a reference in properly completing the Continued Claim form.
      • If reporting wages, complete ALL the fields within the rows associated with that week.
        • For example, if wages are reported in the week on the claim form, each week’s row within the table must be completed.
        • The “Date Last Worked” is the last day physically worked within each week.
      • Use a ruler under each question to ensure the correct Yes/No box is being selected.
      • If there is a change of mailing address, completely fill in the box on Question #8 and post the new address on the back of the form.
      • Don’t forget to sign the form.
        • Keep your signature within the space provided to not conflict with the answers marked on the claim form.
      • Complete and mail the Continued Claim form on the date shown on the front of the form. Benefits cannot be paid until a properly completed and signed form is submitted.
        • DO NOT mail the claim form early - the check will not be processed. You will be mailed a duplicate claim form to be completed and mailed again, which will delay your check.
        • DO NOT mail the claim form late - the check will not be processed. Complete and mail the Continued Claim form on the date shown on the front of the form. If you mail the claim form more than 14 days after the last week ending date on the form, we will have to determine if there is a good reason for mailing the claim form late. This is done by a telephone interview and results in benefits being delayed and possibly denied.
      • Be sure you carefully remove the perforated portion of the form and keep that portion for your records. Fold the form as it was originally folded when you received it and insert it into the provided envelope, making sure the EDD address appears in the envelope window.
      • DO NOT send the form to any other address or send via overnight mail as this delays payment.
      • DO NOT enclose any other forms or correspondence with the Continued Claim form.

      Where is my Payment:
      How to access your payment information by telephone

      En Español

      Payment information instructions

      1-866-333-4606
      Please dial carefully.

      The quickest way to access your payment information:

      • Get payment information without waiting.
      • Available 24 hours a day, 7 days a week, including holidays.
      • To speak with a representative, please call the Main Telephone Numbers.

      UI benefit payment information is updated daily, and reflects the claim activity which occurred on the previous business day. Make the following selections from the recorded messages:

      Language Preference (choice):

      Press 1 to hear this recording in English.

      Next
      Press 1 for information about your unemployment insurance payment.

      Next
      Press 1 if you already have a Personal Identification Number (PIN). For increased security, the automated telephone system requires a PIN to access confidential information. The first time you call, listen carefully and follow the instructions for establishing your PIN.

      Next
      Enter your Social Security number.

      Next
      Enter your 4-digit PIN.

      Next
      You will hear the amount and date your payment was mailed. Allow five days for mail delivery.

      Next (Optional)
      To change your PIN, press 3 after you hear your payment information.

      Reminder: Always keep your Social Security number and PIN private and secure.

      Establishing your PIN

      1. Enter your weekly benefit amount before deductions and the pound sign (#). Example: for $230 Enter 230#
      2. Enter your 5-digit mailing ZIP code.
        Example: Enter 95814
      3. Enter your date of birth (MMDDYY).
        Example:
        May 9, 1951 Enter 050951
        November 16, 1972 Enter 111672
      4. Enter your telephone number (do not include the area code). If you do not have a telephone number enter the pound sign (#).
        Example: 916-123-4567 Enter 1234567
      5. Enter a new 4-digit PIN.
        Choose a number you will remember.

      Filing a Claim

      Claim Process

      This section provides a step-by-step summary of the UI claim process.

      1. Employers give a copy of the booklet, For Your Benefit - California’s Programs for the Unemployed, DE 2320 to employees who are unemployed. The UI Code, Section 1089 requires employers to provide the booklet.
      2. The individual files a claim for UI benefits using one of the following methods:
        • Access eApply4UI:
          The eApply4UI application is available on the Main menu of this Web site. Answers to questions are entered online. After the application is completed the individual submits it online to the Department. Note: This is the fastest way to file your claim.
        • Contact EDD by telephone:
          Individuals will speak to a Department representative who will ask a series of questions and record the responses.
        • Complete a paper UI Application, DE 1101I:
          The application can be completed online and printed, or it can be printed and completed by hand. The application can then be faxed or mailed to an EDD office for processing.
        Note: The above options may also be used to reactivate an existing claim or file for extended benefits.
      3. The Department representative files the claim and the following documents are mailed:

        To Claimants
        • A Guide to Benefits and Employment Services, DE 1275A
        • Continued Claim Form, DE 4581, unless the claimant is participating in a Partial or Workshare Program
        • Notice of Unemployment Insurance Award, DE 429Z
        • Notice of Unemployment Insurance Claim Filed, DE 1101CLMT
        • CalJOBSSM brochure, DE 2456

       

        To Employers
      • Notice of Unemployment Insurance Claim Filed, DE 1101CZ
      1. The EDD decides if a claimant is eligible to collect benefits. To make this decision, we conduct telephone interviews with claimants, employers or their representatives and review statements submitted in writing.
      2. After we make a decision, we mail a Notice of Determination or Notice of Determination/Ruling, DE 1080CT to claimants who do not qualify for benefits. We also mail a DE 1080CT to employers who respond in writing and within time limits about a quit, discharge, or other issues that may prevent payment of benefits.
      3. Employers or claimants who disagree with our written decision have the right to appeal the decision.
      4. Claimants complete and submit the Continued Claim Form, DE4581, unless they are on a partial or workshare program, for each week they wish to claim benefits. The forms are usually for two weeks at a time and claimants must certify that they have met eligibility requirements for each week benefits are claimed.
      5. After the Department pays the claimant the first week of benefits, we mail a Notice of Wages Used for Unemployment Insurance Claim, DE 1545 to the claimant’s base period employer(s). Base period employers may be charged for all or part of a claimant’s benefits.
      6. To ensure accuracy, base period employer(s) review the information reported on the DE 1545. The form shows the claimant’s identity, wage and employment information. The base period employer(s) use the DE 1545 to notify the Department about separation information and to correct errors on wages reported to EDD. The time limits for reporting separation information is 15 days from the date the form was mailed. Wage corrections must be reported within 20 calendar days from the date the DE 1545 was mailed.
      7. A Department representative reviews a base period employer’s response to the DE 1545 and decides if the employer’s account will be charged for the claimant’s benefits. The EDD mails a Notice of Ruling, DE 1080CT to the employer who submitted separation information within the time limits. A favorable or unfavorable decision that is sent to a base period employer(s) does not usually change a claimant’s entitlement to benefits.
      8. A base period employer who disagrees with EDD’s written decision may file an appeal.

      Need More Information

      What do I need to do to file a UI claim or extension for UI benefits?

      First, you must decide how to file your claim. We offer the following claim filing options:

      1. Online: Use the online application, eApply4UI. This application allows you to type in your answers to questions and submit online. Note: This is the fastest way to file your claim.
      2. Telephone: Contact one of our call centers using a toll-free telephone number.
      3. Mail or Fax: Use our paper application, UI Application, DE 1101I. The application can be completed online and printed, or it can be printed and completed by hand. The application can then be faxed or mailed to an EDD office for processing.

      Note: The above options may also be used to reactivate an existing claim or file for extended benefits.

      Now what?

      After you have decided on a claim filing option, be prepared to provide the information we need to file your claim. Some information will be about your recent employment and about you personally for identification and statistical purposes, such as date of birth and years of education.

      If the Department needs to verify any of the identifying information you provide while filing a claim, you will receive additional forms by mail and will be asked to provide additional information and/or documentation.

      Because your time is valuable and we want the claim filing process to go as quickly as possible, we have identified critical items you should have immediately available regardless of which option you select to file your claim.

      Information we will need:

      1. Your name (including all names you used while working) and social security account number.
      2. Your mailing and residence address (including ZIP code) and telephone number (including area code).
      3. Your state issued driver's license or ID card number, if you have either.
      4. The last date you worked for any employer. If you are working part-time be sure to tell us you are still working and give us the number of hours you are working each week.
      5. Last employer information, including: name, address (mailing and physical location) and telephone number. We will also need the ZIP code for both addresses (mailing and physical location) and the area code for your last employer's telephone number.

        Be specific about the spelling of the employer's name and make sure the address is correct because we are required to mail a notice to that employer. An incorrect address will delay benefit payments.
      6. Information on all employers you worked for during the 18 months prior to filing your claim, including: name, period of employment, wages earned and how you were paid.
      7. The name of the employer you worked for the longest within the last year and a half; and the number of years you worked for that employer. This may or may not be the same as your last employer.
      8. The reason you are no longer working for your last employer. You may have quit, been laid off, fired, or left work because of a trade dispute. Be specific about the reason you are not working because the information you give to us must be sent to your last employer. If you quit, were fired, or left work because of a trade dispute, you will be scheduled to a future telephone interview. The information we obtain during the interview will help us decide if you are eligible to receive benefits.
      9. Whether you are receiving, or expect to receive any payments from a former employer. We ask about this because some types of payments may be deducted from your benefits. A few examples of payments that may be deducted include wages, pension payments, holiday pay, and vacation or sick pay.
      10. Whether you are able to work and available to accept work.
      11. Whether you have the legal right to work in the United States. Individuals who indicate they are registered with the United States Citizenship and Immigration Services (USCIS, formerly INS) and authorized to work in the United States will be asked for the title of their employment authorization document and information from the USCIS document, such as the Alien Identification Number, Card Number or Expiration Date. For examples of documents we may ask you about, take the time to review Legal Status and Authorization to Work.

      For more information on the UI claim filing process, review the following:

      • Contact UI links you to our toll-free telephone numbers. This section also tells you how to obtain other UI information, or to request special assistance.
      • The Claim Process provides a step-by-step explanation of what happens when an individual files a UI claim.
      • Meeting Eligibility Requirements describes an individual's responsibilities when claiming benefits.
      • The Telephone Interview helps you prepare for the telephone interview. This section provides information about what you can expect when you receive a notice that you have been scheduled to an interview. The interview is scheduled when there is a question of your eligibility for benefits.
      • Frequently Asked Questions contains a section dedicated to claim filing questions and answers. You may find the answer to your question here.

       

      ** 상기 내용은 무단 복제를 금합니다.

      ** 상기 내용에 따른 Liability는 본인에게 있음을 알려드립니다.


       

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