Article 4. Reserve Accounts of California Unemployment Insurance Code >> Division 1. >> Part 3. >> Chapter 2. >> Article 4.
(a) (1) An employer that is entitled under Section 3654 to
notice of the filing of a primary claim or additional claim and that,
within 10 days after mailing of the notice, submits to the
department any facts within its possession disclosing whether the
exhaustee left the most recent employment with the employer
voluntarily and without good cause or was discharged from the
employment for misconduct connected with his or her work, or whether
the claimant was a student employed on a temporary basis and whose
employment began within, and ended with his or her leaving to return
to school at the close of, his or her vacation period, or whether the
claimant left the employer's employ to accompany his or her spouse
or domestic partner to a place or join him or her at a place from
which it is impractical to commute to the employment, and to which a
transfer of the claimant by the employer is not available, or whether
the claimant's discharge or quit from his or her most recent
employer was the result of an irresistible compulsion to use or
consume intoxicants, including alcoholic beverages, or whether the
claimant left the employer's employ to protect his or her family or
himself or herself from domestic violence abuse, or whether the
claimant left the employer's employ to take a substantially better
job, shall be entitled to a ruling as prescribed by this section. The
period during which the employer may submit these facts may be
extended by the director for good cause.
(2) 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.
(b) The department shall consider these facts together with any
information in its possession. If the employer is entitled to a
determination pursuant to Section 3655, the department shall promptly
notify the employer of its ruling as to the cause of the termination
of the exhaustee's most recent employment. The employer may appeal
from a ruling or reconsidered ruling to an administrative law judge
within 30 days after mailing or personal service of notice of the
ruling or reconsidered ruling. The 30-day period may be extended for
good cause, which shall include, but not be limited to, mistake,
inadvertence, surprise, or excusable neglect. The director shall be
an interested party to an appeal. The department may for good cause
reconsider a ruling or reconsidered ruling within either five days
after the date an appeal to an administrative law judge is filed or,
if an appeal is not filed, within 30 days after mailing or personal
service of notice of the ruling or reconsidered ruling, except that a
ruling or reconsidered ruling that related to a determination that
is reconsidered pursuant to subdivision (a) of Section 1332 may also
be reconsidered by the department within the time provided for
reconsideration of that determination.
(c) For purposes of this section only, if the claimant voluntarily
leaves the employer's employ without notification to the employer of
the reasons therefor, and if the employer submits all of the facts
within its possession concerning the leaving within the applicable
time period referred to in this section, the leaving shall be
presumed to be without good cause.
(d) 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
voluntarily left his or her employment without good cause.
(e) Rulings under this section shall have the effect prescribed by
Section 1032.
(f) This section shall become operative on July 1, 2015.
Extended duration benefits, to the extent that such extended
duration benefits are not reimbursed or reimbursable by the federal
government to the State of California, shall be charged except as
provided by Section 1032, 1032.5, 1034, 1036, 1335, 1338, or 1380,
against the reserve account of the exhaustee's employer during his or
her base period. If the individual performed services in employment
for more than one employer during his or her base period,
unemployment compensation benefits paid to him or her shall be
charged against the respective reserve accounts of such employers in
the proportion that the total wages paid to the individual in
employment for each employer bears to the total wages paid to the
individual in employment for all employers during the base period.