General information in Q&A format regarding Unemployment Insurance and the County's Unemployment Insurance Division
A "Notice of Claim Filed" is a State document informing the County that a former employee has filed for unemployment insurance. County departments receiving such notices should fax them immediately to the County Unemployment Insurance Division at (408) 441-7469 and Pony the original to Unemployment Insurance, 1735 North First Street suite 245.
Individuals who are unemployed or working part-time can apply to the State for unemployment insurance benefits. Specifically, claimants must be:
- Out of work due to no fault of their own.
- Physically able to work.
- Actively seeking work.
- Ready to accept work.
Those wishing to apply for unemployment insurance benefits should call the State Employment Development Department 1-800-300-5616. The State will ask various questions, then determine if the claimant is eligible to receive benefits.
The State pays the claimant, but ultimately, the employer pays. In our case, the County is billed quarterly by the State for these costs. If there has been more than one employer, they each pay a proportionate share, based on how long the employee worked there for the covered period of time.
The State sends unemployment checks every two weeks, but since there is a one-week waiting period after filing, the first check will be for half the amount of subsequent checks.
Unemployment hearings are held by the State to resolve disagreements between the State and the claimant (or between the State and the employer) over whether or not the claimant is eligible for benefits.
If a hearing involves a personnel action (such as termination for misconduct or some other disqualifying reason), the Administrative Law Judge conducting the hearing will want to hear testimony from first-hand witnesses regarding the facts surrounding the claimant's separation from County employment.
Hearings are held at the State appeals office closest to the claimant's home. Often this means that the hearings are held at the San Jose Office of Appeals, 160 W. Santa Clara Street in San Jose. If the hearing is more than 50 miles away, it may be held by phone.
TALX UC Express is a contractor that the County has hired to help reduce unemployment insurance costs. TALX UC Express representatives help represent the County at unemployment insurance hearings.