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Employment Development Department
Employment Development Department

Trade Dispute TD 240 - Reason for Decision

Employees on Layoff Status

I. DISQUALIFICATION

A. Refusal to Return to Work - Seasonal, Temporary, On Call, or Extra Employees

At the time you were laid off from (Employer Name), you were given a scheduled return to work date. You did not return to work, due to the trade dispute. Under these circumstances, you are considered to have left your work due to a trade dispute.

II. ELIGIBLE

AA. No Scheduled Return to Work Date - Seasonal, Temporary, On Call, or Furloughed Employees

Since the claimant was not given a scheduled return to work date at the time of the layoff, the claimant is considered to have been placed on an indefinite layoff. An indefinite layoff severs the employer-employee relationship. Accordingly, the work offered to the claimant is considered new work. Section 1259a provides that a claimant has good cause for refusing new work which is vacant due to a trade dispute.

BB. On Layoff, No Work Offered - Seasonal, Temporary, On Call, or Furloughed Employees

The claimant was on layoff at the time the trade dispute began and has not been offered any work. Accordingly, the claimant is not subject to disqualification under Section 1262.