• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Can California deny my unemployment benefits because of my out-of-state license?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

sfadviceseeker

Junior Member
I currently reside in California but have an out-of-state driver's license. I was recently laid off from a CA-based job and filed for unemployment in CA. I paid taxes in California. Will my out-of-state license cause me problems in my unemployment interview?

I understand there are other issues around having an license from another state but I'd really appreciate focusing on the question above: will this be cause to deny me unemployment benefits in California?

Thanks for the help!
 


sandyclaus

Senior Member
I currently reside in California but have an out-of-state driver's license. I was recently laid off from a CA-based job and filed for unemployment in CA. I paid taxes in California. Will my out-of-state license cause me problems in my unemployment interview?

I understand there are other issues around having an license from another state but I'd really appreciate focusing on the question above: will this be cause to deny me unemployment benefits in California?

Thanks for the help!
Do you LIVE in California?
If not, have you also filed for unemployment benefits in your home state?
If you do, how long have you lived in CA, and have you applied for a CA driver's license?

Do you WORK in California?
 

commentator

Senior Member
It is obvious that you don't know a whole lot about unemployment insurance. But you should immediately file a claim if you aren't working. You aren't required to know anything about it, there is no downside to filing a claim, even if that claim should be rejected. You aren't going to have to produce anything or do anything that you won't be told about when you get there. You aren't supposed to go in and argue brilliantly about your eligibility or go and prep up and then file. You will only be paid for the weeks after you have filed, regardless of how long you have been out of work. You will be required to produce some valid I.D., which may be an out of state driver's license as far as I've ever heard. Perhaps CA has changed something and will only accept valid in-state driver's licenses as a form of I.D. but I've not heard of it.

That said, you should quickly file a claim. You should file the claim in whatever state you now live and where you wish to do your worksearches. If you do not have adequate wages to set up a claim in this state, they will do what is called an interstate claim for you, bringing in the wages from the state(s) where you do have wages. But your state of residence is where the claim should be filed, regardless of what state it is for.

When you file the initial claim, the system will pull up a record they have of all the wages that you have had PAID IN FOR YOU by employers in this state, not taxes you've paid in for yourself anywhere. Your unemployment entitlement will be based on this state's maximums and minimums, using the standards they apply to set up claims. This will be based on the first four of the last five completed quarters of work, roughly the work you have done for covered employers in the last 18 months. You will be responsible for telling them about work you have done for out of state employers, and they will send for and pull in any wages that have been paid to you from covered employers in this state.

After they've determined if you have enough covered wages to set up a claim, they'll then determine whether you are eligible based on the reason for leaving your last place of work. If you are determined out of work through no fault of your own, whether you have been laid off or have been terminated for cause and the cause is determined not to be disqualifying, or possibly if you have a good work related reason to quit your job, you can be approved.

Then the system starts determining whether or not you are ready to make a job search, be able and available and actively seeking work. This is where having a valid driver's license comes in. If you tell the system you can't work right now because your car isn't running, or because you can't afford to get a CA driver's license and your old one has expired, or if you are normally a truck driver and you don't have the appropriate CDL license to perform your job, this may be a problem. But having a valid out of state driver's license isn't a problem that I've ever seen. It could very easily be fixed, all you have to do is get one, if they were to tell you you had to have it for some reason. If you didn't have enough valid I.D. to get an I-9 filled out for you by an employer, you wouldn't have enough to file for unemployment benefits anyway, but in any case, don't sit around here asking moot questions about it, file your claim and let them tell you what you need to get or have.
 

Zigner

Senior Member, Non-Attorney
Other than the fact that the OP is breaking the law by not getting his CA license?
 

eerelations

Senior Member
But do the UI people even ask about driver's licenses? Even if the claimant isn't looking for a job that requires driving?
 

eerelations

Senior Member
So people who don't drive are denied UI benefits because they don't have driver's licenses? Wow, I never knew that. It seems so weird though, I still can't see the connection. So disabled people who can't drive and who are laid off their jobs are denied UI? Isn't that illegal discrimination?

Wow, I knew US employment law was employee-unfriendly but wow, I didn't think it was this bad.
 

Zigner

Senior Member, Non-Attorney
So people who don't drive are denied UI benefits because they don't have driver's licenses? Wow, I never knew that. It seems so weird though, I still can't see the connection. So disabled people who can't drive and who are laid off their jobs are denied UI? Isn't that illegal discrimination?

Wow, I knew US employment law was employee-unfriendly but wow, I didn't think it was this bad.
I'm pretty sure I didn't say that. I'm just pointing out that the OP is concerned because he's breaking the law and is now worried about it biting him in the butt.
 

commentator

Senior Member
Disabled people (or people who do not drive for any reason) who are working and get laid off from their jobs have to be able and available for work to the same extent that they were while working to get unemployment benefits. In other words, if they were riding the bus to work every day, they have to be able to say they are able and available to take another job and can arrange to get there (because they could ride the bus.)

Same thing if they were catching a ride with someone every day. They have to say they'd be willing to work somewhere else and would arrange to have someone carry them to work. They have to have transportation, a way to get to work, not necessarily a driver's licence and a car.

The only reason they'd have to show a driver's licence to get unemployment benefits that I could think of would be for I.D. purposes. Sometimes it is required for a job opening, but that's another thing.

My point though is that the person needs to go on and file and let them tell him what and why.
 

Silverplum

Senior Member
Disabled people (or people who do not drive for any reason) who are working and get laid off from their jobs have to be able and available for work to the same extent that they were while working to get unemployment benefits. In other words, if they were riding the bus to work every day, they have to be able to say they are able and available to take another job and can arrange to get there (because they could ride the bus.)

Same thing if they were catching a ride with someone every day. They have to say they'd be willing to work somewhere else and would arrange to have someone carry them to work. They have to have transportation, a way to get to work, not necessarily a driver's licence and a car.

The only reason they'd have to show a driver's licence to get unemployment benefits that I could think of would be for I.D. purposes. Sometimes it is required for a job opening, but that's another thing.

My point though is that the person needs to go on and file and let them tell him what and why.
In my admittedly cluttered head, a state ID card is always a valid substitute for a drivers license.

OP has no state-issued photo ID because s/he didn't bother to get one.
 

gracenotes

Junior Member
It behooves me why someone would not get either a CA driver's license or an ID card. According to the DMV (Department of Motor Vehicles) site, one should get this within 10 days of moving to CA, unless they are just visiting. The importance of this is to start the process of establishing residency, and making it possible to register as a voter. This is probably someone who also drives around with an out-of-state license plate on his vehicle, another no-no.

So, technically, I do not think he is even a resident of California. That may raise some questions on his EDD application.
 

davew128

Senior Member
What you think is irrelevant (being wrong was beside the point). Residency is NEVER established by obtaining an ID or driver's license.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top