Unemployment Benefits
Unemp. Ins. Code 1256 — good cause, misconduct, and 30 days to appeal
In California, a person is disqualified for unemployment benefits if the department finds the person left the most recent work voluntarily without good cause, or was discharged for misconduct connected with that work.
The law presumes the worker was not at fault, until the employer says otherwise in writing. A person is presumed to have been discharged for reasons other than misconduct, and not to have quit without good cause, unless the employer gives the department written notice with facts enough to overcome the presumption. The presumption can be rebutted.
- Leaving to go with a spouse or domestic partner to a place too far to commute from may be good cause.
- Leaving to protect oneself or one's family from domestic violence abuse may be good cause.
- Being terminated under the compulsory retirement terms of a collective bargaining agreement is not leaving without good cause.
| The step | The time the code sets |
|---|---|
| The stepAppealing the department's determination to an administrative law judge | The time the code setsWithin 30 days from service of the notice, extendable for good cause |
| The stepAppealing the administrative law judge's decision to the appeals board | The time the code setsWithin 30 days after the decision is mailed, extendable for good cause |
Good cause for a late appeal from the department's determination includes mistake, inadvertence, surprise or excusable neglect. How benefits are computed, and the weekly eligibility rules, are not set out here.
Sources for this section (3)
- Unemp. Ins. Code 1256 — Disqualification for leaving work voluntarily or being discharged for misconduct
- Unemp. Ins. Code 1328 — The determination, and the time to appeal it
- Unemp. Ins. Code 1334 — Appealing an administrative law judge's decision to the appeals board
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed California attorney.