Unemp. Ins. Code, § 1256 · Article 1. Eligibility and Disqualifications
Unemp. Ins. Code, § 1256
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
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.
Notes and commentary — not statutory text
History
Amended by Stats. 2010, Ch. 678, Sec. 3.5. (AB 2364) Effective January 1, 2011.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=UIC§ionNum=1256.
- Text hash
- sha256 fb804bd36dfbb5ce85281f4e959ac70c15cafa8e00ce53ab79cd7cf2170f2933
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Unemployment Insurance Code
Cited by 6 provisions
Provisions in this library whose text cites Unemp. Ins. Code, § 1256. Each shows the citation as that text prints it.
Business and Professions Code
Unemployment Insurance Code
- Unemp. Ins. Code, § 1256.1Printed as Section 1256
- Unemp. Ins. Code, § 1256.3Printed as Sections 1256, 1256.1, 1256.2, 1256.4, and 1256.5
- Unemp. Ins. Code, § 1260Printed as Section 1256
- Unemp. Ins. Code, § 1327Printed as Section 1256
- Unemp. Ins. Code, § 2676Printed as Sections 1256, 1257, 1260, 1261, and 1263
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.