Can I apply for unemployment benefits?

UPDATED: Sep 30, 2022

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Can I apply for unemployment benefits?

I got surgery on my knee.I wasn’t able to work anymore. Before surgery I worked as

a care provider in home support services. Since I am in lot’s of pain, unable to walk and work, I applied for disability insurance. In this time my client found another care provider. After my disability insurance will terminate it and I will not be able to found another job, may I apply for

unemployment insurance?

Asked on August 2, 2016 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You can apply, but there are two significant pitfalls to qualifying for unemployment.
First, you have to be medically cleared for work: to be eligible for UI, you must "ready, willing and able" to work, and if you are not medically fit to work, you are not able to do so.
Second, you must have earned as wages certain minimum amounts during the past five quarters (you can find the exact rules on the CA department of labor website) and your disability payments may not qualify as wages for this purpose.
You are encouraged to apply--there is no penalty for applying and being turned down, so long as your application is truthful--but be prepared that you may not qualify.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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