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SAMPLE, this page for reference only.
You were terminated from your last job because you were absent from work in excess of 24 hours due to incarceration. It has not been established that you committed the act for which you were incarcerated and you have not entered a plea of “guilty” or “no contest” (nolo contendere). Pending the court disposition of your case, you may choose to either have the Employment Development Department (EDD) pay you Unemployment Insurance (UI) benefits or have your UI benefits held in suspense. You must complete and return this form in order to advise the EDD of your choice.
If you choose to be paid UI benefits, you must certify for UI benefits each week pending the outcome of the court decision, or until you return to work, or until you reach the maximum amount payable on your claim. You can only be paid UI benefits if you are otherwise eligible. If you are paid UI benefits and are later convicted of the offense, which led to the incarceration, or any lesser included offense, you will be liable to repay any UI benefits to the EDD that you received during the disposition of your court case. The EDD will send you an eligibility decision finding that you left work voluntarily without good cause and that you are disqualified from receiving UI benefits under California Unemployment Insurance Code, Section 1256.1. You will also be sent a Notice of Overpayment, which will indicate the amount of UI benefits that you are liable to repay.
If you choose to have your UI benefits held in suspense, you must certify for UI benefits each week pending the outcome of the court decision, or until you return to work, or until you reach the maximum amount potentially payable on your claim. If you are found “not guilty,” you can only be paid for the weeks for which you certified, and are otherwise eligible to receive UI benefits.
Complete the section below by selecting your choice and providing the requested court case information. This notice must be returned to the EDD in the enclosed envelope within ten (10) calendar days from the mail date of this notice.
Failure to return this notice within ten (10) calendar days from the mail date or without the information above will result in your UI benefits being suspended pending the outcome of your court case.
DE 6315INC Rev. 4 (10-21) (INTRANET)