SECTIONS 3701-3702 - California Statutes

UNEMPLOYMENT INSURANCE CODE

SECTION 3701-3702

3701. (a) (1) Any employer who is entitled under Section 3654 to
notice of the filing of a primary claim or additional claim and who,
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 irresistable compulsion to use or consume intoxicants
including alcoholic beverages, 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 20 days after mailing or personal service of notice of the
ruling or reconsidered ruling. The 20-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 any appeal. The department may for good cause
reconsider any ruling or reconsidered ruling within either five days
after the date an appeal to an administrative law judge is filed or,
if no appeal is filed, within 20 days after mailing or personal
service of notice of the ruling or reconsidered ruling, except that
any ruling or reconsidered ruling which related to a determination 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.

3702. 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.