Eligible for unemployment if I can't work b/c State pro-license is late?

by Adriana
(CA)

So I took a job in CA. They told me I could work for 60 days on my TN Occupational Therapy license - those 60 days are now up and I can't show up for work tomorrow because The CA license board is not granting my license pending the FBI background report which is slow in coming.

I'm not told how long this could take - am eligible to apply for unemployment?


Hi Adriana,

Will you be terminated from your job?

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Dec 23, 2009
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Response about termination
by: Adriana

I do not think I will be terminated, although I can't be sure,and I don't know what to call this limbo period; I'm technically hired, but I don't have the right to work...so how do I live?
I've heard that other medical professionals have had this issue, I just don't know the details of what they did to survive during that time. I am hoping this will not take longer than one month.



Hi Adriana,

I'm a little baffled myself .. given that the reason you're not able to work is the state's fault.

I can only suggest what I might do in the same situation.

I think I would first ask the employer if they had some other work for me to do .. until the license does come through .. if they don't I would file a UI claim.

If they don't have any work for you, but do not terminate .. I would call it a "lack of work" claim with a job attached status (only an employer can give you the "attached statuts").

If they terminate, you should be able to show that it was through "no fault of your own".

I think it's important to be able to prove that you asked for other work until the license came through .. otherwise it might look like a voluntary quit.

I suggest you read the section of the guide dealing with total and partial unemployment specifically TPU 5 It is possible to still be considered an employee, but unemployed .. (job attached) if you perform no service and receive no wages. It's like a temporary layoff if they do not end the employment relationship.

Additional information that might have made a difference in my answer would be things like ..

How long you have worked for this employer and prior to this job .. when was the last time you worked.

Were you collecting unemployment before you took this job?

These things have potential to hurt "monetary eligibility."

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