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California Unemployment Insurance Code Section 1256

Legal Research Home > California Laws > Unemployment Insurance Code > California Unemployment Insurance Code Section 1256

1256.  An individual is disqualified for unemployment compensation
benefits if the director finds that he or she left his or her most
recent work voluntarily without good cause or that he or she has been
discharged for misconduct connected with his or her most recent
work.
   An individual is presumed to have been discharged for reasons
other than misconduct in connection with his or her work and not to
have voluntarily left his or her work without good cause unless his
or her employer has given written notice to the contrary to the
department as provided in Section 1327, setting forth facts
sufficient to overcome the presumption. The presumption provided by
this section is rebuttable.
   An individual whose employment is terminated under the compulsory
retirement provisions of a collective bargaining agreement to which
the employer is a party, shall not be deemed to have left his or her
work without good cause.
   An individual may be deemed to have left his or her most recent
work with good cause if he or she leaves employment to accompany his
or her spouse or domestic partner to a place or to join him or her at
a place from which it is impractical to commute to the employment.
For purposes of this section "spouse" includes a person to whom
marriage is imminent, and "domestic partner" includes a person to
whom a domestic partnership, as described in Section 297 of the
Family Code, is imminent.
   An individual may be deemed to have left his or her most recent
work with good cause if he or she leaves employment to protect his or
her family, or himself or herself, from domestic violence abuse.
   An individual shall be deemed to have left his or her most recent
work with good cause if he or she elects to be laid off in place of
an employee with less seniority pursuant to a provision in a
collective bargaining agreement that provides that an employee with
more seniority may elect to be laid off in place of an employee with
less seniority when the employer has decided to lay off employees.


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Last modified: March 17, 2014