FAQ: Filing Unemployment - Part 2

  If you missed part 1, please click here: http://topimmigrationnews.blogspot.com/2013/02/faq-filing-unemployment-part-1.html

I just quit my job. Will I be eligible?

When an individual files a claim for UI benefits, the Department documents the reason the individual is no longer working, and includes it in the Notice of Claim Filed, DE 1101CZ, which is mailed to the last employer. The employer may also provide written information about the reason the individual is no longer working when responding to this notice.

If the individual quit, the EDD will conduct a telephone interview with the individual and the employer approximately two weeks after the claim is filed to determine whether or not the individual is eligible for UI benefits, according to state law and regulations.

State law provides that an individual who quits his/her job may be eligible for UI benefits provided there was “good cause” for leaving employment, and the individual made all reasonable attempts to keep their job (e.g., request of leave of absence or transfer). Once all reasonable alternatives to leaving have been attempted, good cause may include situations such as leaving work due to unsafe working conditions, leaving work based on a medical doctor’s advice, or leaving work to protect oneself or one’s child from domestic violence.

The EDD staff will determine on a case-by-case basis, whether the facts presented for the quit are “good cause” according to state law. The individual must also meet all other eligibility requirements before UI benefits can be paid.

The Department’s law and policy guidelines regarding Voluntary Quits are available on the EDD Web site.

What if I lost my job and cannot work because of the disaster or emergency?

If you are unemployed due to a disaster or emergency, you may be eligible for Unemployment Insurance (UI) benefits.

When you file your UI claim, you must tell us that you were unemployed as a result of a disaster or emergency. UI claims can be filed online, by telephone, by mail, or by fax. Find information about filing a UI claim or call EDD at one of the numbers listed below in the Disaster Unemployment Assistance section.

Individuals with current claims for benefits, who are unable to receive their Unemployment Insurance payments at their home due to the disaster or emergency, should contact their local post office.

Disaster Unemployment Assistance

If the President of the United States declares a disaster in your area, payment of Disaster Unemployment Assistance (DUA) may be authorized. Individuals who become unemployed as a result of the disaster, and who do not qualify for regular Unemployment Insurance (UI) benefits, may file for DUA. View DUA Fact Sheet

FAQ: Filing Unemployment - Part 3

 If you missed part 1, please click here: http://topimmigrationnews.blogspot.com/2013/02/faq-filing-unemployment-part-1.html

I need to reschedule a determination interview. What should I do?

Contact EDD immediately.

How can I comment on the interview, or about the interviewer who called me?

EDD is committed to outstanding customer service and values its customers’ opinions. Use any one of the following options to provide comments:

• Call EDD and request to speak to a supervisor, or manager.
• Use the Internet Comments, Complaints, or Suggestions form on this Web site.
• Mail a letter to:
  Employment Development Department
  PO Box 826880 - UIPCD MIC 40
  Sacramento, CA 94280-0001

   What should I do if I got a Notice of Determination DE 1080CZ and I want to discuss it?

Contact EDD.

I received a Notice of Determination, DE 1080CZ and I am not eligible for benefits. What do I do now?

You have the right to file an appeal if you do not agree with all or part of our decision. Review the Appeals section on this Web site for more information.

Border Security As Precondition For Passing CIR

Senator Grassley of Iowa released his Senate floor speech on the Senate floor on Feb 04. It is a long speech, but it can be summarize in two points. (1) Reagan immigration reform (IRCA) in the 1980s was a failure because the legalization program failed to ensure border security and block of flood of undocumented immigrants from the Southern border before legalization of undocumented immigrants was implemented. (2) This time around, the border security must be achieved and assured before implementation of legalization of undocumented immigrants.

Senate Gang of 8 had initially proposed making secure borders as a precondition for legalization of undocumented immigrants. This is also the point of key conflict with the President's immigration reform framework. In fact, this is the key difference between the Republican party and the Democratic party on the legalization portion of CIR. 

Gay/Lesbian Family Unity Immigration Bill Reintroduced in the House

Rep. Jerrold Nadler of New York reintroduced H.R.519 Uniting American Families Act (UAFA) to promote LGBT family unity immigration, cosponsored by 16 other Representatives including the former House Speaker Nancy Pelosi. 

UAFA would allow gay and lesbian Americans to sponsor their permanent partners for legal residency in the United States, a right currently enjoyed only by married heterosexuals under immigration law.  

Because the U.S. does not legally recognize gay and lesbian couples and their children as families, many same-sex bi-national couples are torn apart.  As the push for comprehensive immigration reform increases in Congress, the original co-sponsors asserted that any legislative proposal for immigration reform must include UAFA and equality for LGBT families.  Senator Patrick Leahy (D-VT) also plans to introduce UAFA in the Senate. 

Bill to Promote High Skilled Worker/Investor Program and Eliminate Diversity Immigration Lottery Program

Representative Darreell Issa of California reintroduces a bill H.R.459 in the House yesterday to promote innovation, investment, and research in the United States and to eliminate the diversity immigrant lottery program. This bill was introduced in the 112th Congress and failed to make it. 

Just as the Rep. Lamar Smith of Texas STEM bill which was introduced at the end of the 112th Congress and failed because of his proposal to eliminate diversity immigration lottery program to give a room for employment-based and investment-based immigration programs, this bill is likely to face same challenges in the House and definitely in the Senate. 

The Congressman must have reintroduced this bill poised to bite his teeth in shaping the House version of comprehensive immigration bill. This issue may show up in the today's scheduled hearing in the House Judiciary Committee to discuss the issues of interest for the House version of immigration reform proposal. 

Bill To Reform Family-Based Immigration Program

Rep. Phil Gingrey of Georgia introduced yesterday in the House H.R.477 to make changes related to family-sponsored immigrants and to reduce the number of such immigrants. 

This proves again the Republican party's stance and bottom line for immigration reform not to increase a single visa number from the current quota system and rather slice off some immigrant visa numbers from immigration program of one sector, particularly pro-Democrat programs in order to increase the visa numbers for certain other immigrant programs, particularly pro-Republican programs.

Sen. Chuck Grassley of Iowa Wants E-Verify Program To Be Expanded and Permanent

Senator Chuck Grassley introduced in the Senate S.202 to expand the use of E-Verify and to hold employers accountable. Ten other Senators joined the Senate as co-sponsors including Senators John Boozman, Bob Corker, Mike Johanns, Mike Lee, Jeff Sessions, David Vitter, Roger Wicker, Deb Fischer, Orrin Hatch and Mike Enzi. 

The bill is named "Accountability Through Electronic Verification Act of 2013." The bill proposes the following:
 

• Permanently reauthorizes the E-Verify program that was created in 1996.
• Makes the program mandatory for all employers within one year of date of enactment, requires federal contractors and agencies to use the program immediately, and directs “critical employers,” as identified by the Secretary of Homeland Security, to use the system immediately upon designation.
• Increases penalties for employers who illegally hire undocumented workers.
• Reduces the liability that employers face if they participate in E-Verify when it involves the wrongful termination of an individual.
• Allows employers to use E-Verify before a person is hired, and requires them to check the status of all current employees within 3 years.