I got laid off from my job this week due to the coronavirus economic crisis. I qualify for California's Unemployment Insurance due to my work history. As my family lives in Europe, I have flown there to be with them during this time of crisis. I will start my job search tomorrow but in my field (tech) it may take a while and several interviews to land a job, so applying from a remote location should not hinder me in my job search (I can fly back for an interview quickly). Would being present outside of California preclude me from claiming benefits? Can I make this case to the EDD or do they categorically require you to be physically present in the state during your job search?
As long as you are a CA resident and you worked in CA for the relevant period, there is no categorical rule preventing you from receiving benefits simply because you happen to be out of state when you fill out the application.
Best of luck to you.
Let me begin by wishing you best speed in finding your next position of success.
I practice employment law in Ohio. However, the various states run similar programs related to unemployment benefits. Still, even after reading my answer, you should consider seeking advice from an attorney in California.
In most states, obtaining benefits involves a two-part process. First part, you must qualify for benefits. For example, you have to have worked long enough and earned enough with an employer to qualify. Also, you must lose your employment through no fault of your own.
Second, after qualifying for benefits, you must be eligible weekly to receive such benefits. For example, you must be physically able to work - typically an entire week. Some states look at that and say one sick day means no benefits for that entire week.
Applicable to your case, you must be available for work. You also must be ready and willing to accept work immediately. (See https://www.edd.ca.gov/unemployment/eligibility.htm, explaining qualification and eligibility terms in California.)
Typically, a person who leaves a state for another state may continue to collect such benefits if they are looking for work in the new state. However, you are traveling out of the country. That could alter the conclusion. However, you are in the tech field, so maybe you could argue you are immediately available if you have wifi and a laptop. Typically though, this is a question that is looked at case by case. As such, you might benefit from conferring with an attorney in California who practices in the area of unemployment benefits.
Avvo has a search feature that allows you to search for an attorney in your area and in your field of practice. Here, you should look up attorneys generally in employment law and specifically who have experience with California's unemployment benefits system.
I hope this helps, and best of luck to you.
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