Miscellaneous MI 100
Profiling, and CalJOBSSM Registration
A. Profiling and Reemployment Services
Section 1253(f) of the Unemployment Insurance Code provides:
An unemployed individual is eligible to receive unemployment benefits only if he or she participated as required by the Director in reemployment activities such as orientation and assessment if the individual has been identified pursuant to an automated profiling system as likely to exhaust regular unemployment benefits, unless the individual has shown good cause for failure to participate.
- Participation Requirement
Generally, reemployment services will be offered by Job Services (JS) and/or a Local Workforce Investment Area (LWIA).
The first reemployment service that a claimant can be referred to is an Initial Assistance Workshop (IAW). The IAW is less than a day and consists of a discussion of why claimants are selected, UI eligibility, labor market information, and orientation to other reemployment services. If the claimant has good cause for missing the first IAW, he/she may be rescheduled to another IAW only if he/she can be rescheduled within the same week. Failure to attend the IAW during the week scheduled will result in a one week disqualification under Section 1253(f), unless good cause is shown.
At the workshop a claimant is required to sign an agreement, called a Reemployment Plan, to participate in reemployment activities. Participation in the initial orientation is mandatory as are any later activities that the claimant agrees to attend. Failure to participate as agreed, including failure to sign the Reemployment Plan, will result in a one week disqualification under Section 1253(f), unless good cause is shown.
There are two exceptions to the participation requirement:
- The claimant is participating in or has completed similar services within the last six months, or is currently in approved training.
- Good cause exists for the claimant's failure to participate in services.
- Similar Services
Some claimants will have participated in reemployment services prior to selection for an IAW. The type and quality of services and when they were completed are relevant to determining whether or not prior services are similar enough to waive mandatory participation.
To be considered similar services, all three of the following conditions must be met:
- The claimant must currently be receiving these services, or has received these services in the last six months, and
- Services must have been provided by one or more of the following:
- Former employer
- Local Workforce Investment Area (LWIA)
- Job Service
- Private or public agencies which provide reemployment services similar to those provided by Job Service
- The services received must include at least one of the following:
- Job Search information, which must include:
- completing a work application
- interviewing techniques
- employer information
- Resume writing
- Completed retraining
- Job Search information, which must include:
NOTE: Registration for work with Job Service or a private employment agency does not constitute similar services.
- Good Cause
Good cause is defined as a circumstance that prevents an individual from participation in reemployment services after a reasonable effort is made to participate.
Title 22, Section 1253(c)-1(c)(4), provides in part:
A finding of good cause depends on a determination that the claimant had no reasonable alternative for discharging the obligation that led the claimant to place the restriction on his or her availability.
The concept of "Good Cause" is discussed in AA 5 of the Benefit Determination Guide.
Claimants are expected to take any actions a prudent and reasonable person would take prior to concluding that participation in profiling activities is not possible. Examples of good cause include those associated with Section 1253(c) of Title 22, such as health, family illness, child care, or lack of transportation. Example: Although a reasonable person would not be expected to leave children at home unattended, a reasonable person would be expected to make an effort to obtain child care.
A person employed, either part time or full time at the time reemployment services are offered, would have good cause for nonattendance.
The good cause exception does not supersede able and available requirements under Section 1253(c). It is an additional eligibility requirement related to participation in reemployment services. If a claimant has good cause for not attending because he or she was unavailable for more than four hours during the regular work week, the claimant may not be eligible under Section 1253(c). Example: Claimants may be determined to have good cause for failure to participate in reemployment services. However, an illness may prevent them from receiving UI benefits because their illness did not allow them to work.
- Referral to an LWIA
A referral to an LWIA is not considered a reemployment service even though it may be listed on the claimant's Reemployment Plan. If a claimant fails to report to the LWIA orientation as instructed, the issue will be determined under UI Code Section 1253(b). Only the week the claimant failed to report will be affected.
- Seek Work Requirements
Participation in reemployment services does not relieve the claimant from seek work requirements. If after reporting to the LWIA, the claimant fails to attend a scheduled LWIA service, the issue will be determined under UI Code Section 1253(e). This is considered a reasonable, specific instruction to search for work.
B. Job Service Registration Requirement
Under Unemployment Insurance. Code Section 1253(b), claimants must register for work with a public employment office as an eligibility requirement to receive unemployment benefits. This requirement is fullfilled by claimants adding or updating resumes in the Job Service's Internet-based CalJOBSSM system.
When a new claim is filed, claimants assigned an "A" or "AB" seek work plan are notified in writing that they must register in CalJOBSSM, by entering or updating a resume within 21 days. Claimants failing to enter or update a resume in CalJOBSSM may be selected to participate in a Personalized Job Search Assistance (PJSA) session at their local JS site or One-Stop Center. The purpose of the PJSA appointment is to offer claimants job search services, labor market information and to assist them with entering resumes in CalJOBSSM. Written appointment notices are mailed to selected claimants with the date, time and location of the PJSA session.
- Participation Requirement
Unless exempted, it is mandatory for all claimants assigned a seek work plan "A" or "AB" to register in CalJOBSSM by entering or updating a resume, even if they are not scheduled to attend a PJSA appointment. UI or JS staff may exempt claimants from registering in CalJOBSSM for any of the following reasons:
- Claimant already has an active resume in CalJOBSSM
- Claimant has returned to work full-time (employment must last at least two consecutive weeks)
- Claimant was assigned or should have been assigned a seek work plan other than "A" or "AB"
- Claimant has a definite offer of return to work within the next 30 days
- Claimant is receiving benefits under TAA, NTAA, or CTB programs
- Claimant is currently receiving benefits under the Partial claims or Workshare programs
- Claimant resides outside of California
- Claimant is excused from attending PJSA because the Department is unable to provide services. (JS staff should cancel the
- PJSA appointment)
- The REGISTRATION IN CalJOBSSM NOTICE, DE 8405 and the Appointment Notice, DE 8406 were not mailed by the Department
A claimant is scheduled for a determination interview if he has failed to add or update a resume in CalJOBSSM as required, or has a suppressed resume in CalJOBSSM, and has submitted continued claim forms for the week that the PJSA occurred.
The claimant calls and states she did not attend a PJSA appointment, as she did not receive the notice. If the claimant has not added or updated a resume in CalJOBSSM as required there is an issue that must be resolved. The claimant will have to establish good cause for not adding or updating her resume, whether she attended the PJSA or not. The issue is not the attendance at the PJSA. If the claimant has not added or updated the resume, there is always an issue. If at the determination point, it is found that the claimant completed the resume within the required time it becomes a non-issue and staff would enter a clarification on the determination entry screen.
Claimants are mailed more than one notice advising them of the requirement to add or update a resume in CalJOBSSM. Since the issue is whether or not the claimant added or updated her resume in CalJOBSSM as required, the claimant's statement that she did not receive the PJSA appointment notice does not automatically exempt her from registering for work or automatically give her good cause for failure to add or update a resume. However, the reason the claimant provides for not attending the PJSA may raise another issue of availability or ability that must be resolved.
If the claimant states that she did not add or update her resume in CalJOBSSM, as she did not know that she was required to do so, then the issue becomes the credibility of her statement. The interviewer will decide the likelihood that all of the notices describing the requirement to register for work that were mailed to the claimant did not arrive, by examining what happened to all the notices and checks sent to the same address. The claimant must be given the opportunity to state why she thinks that the notices did not arrive. If there is no credible reason provided, for example, the claimant did not file a notice with the US Postal Service that mail had been stolen or no other mail such as checks are missing and there is no request for replacement, the Department must assume that mail sent to the claimant was received. Good cause for failure to add or update a resume in CalJOBSSM would not have been shown. A disqualification would be in order.
- Indefinite Disqualifications
If the claimant has not added or updated his resume in CalJOBSSM, or has a suppressed resume by the time the determination interview is completed, a retroactive indefinite disqualification under Section 1253b will be assessed, unless the claimant can show good cause for the failure to comply with the Department's requirements or the claimant is exempted. The disqualification is effective the Sunday of the week of the PJSA appointment. Before assessing a disqualification, staff must access CalJOBSSM to verify the absence of a resume.
A determination interview was scheduled for a claimant who failed to enter a resume in the CalJOBSSM system by Friday of the week of the scheduled PJSA appointment. The claimant had still not added his resume by the time of the determination interview. The claimant stated he did not attend the PJSA because he was attending school. The claimant was not approved for CTB. Since the claimant was unable to show good cause for his failure to comply with the Department's requirements, the claimant was found indefinitely disqualified under Section 1253(b) beginning the Sunday of the week of the PJSA appointment.
- Definite Disqualifications
If the claimant has added or updated an unsuppressed resume by the time of the determination interview, the interviewer must determine if the claimant had good cause for each week he failed to add or update the resume. The claimant is subject to a disqualification under Section 1253(b) for each week he cannot show good cause for his failure to add or update the resume. The disqualification is effective the Sunday of the first week in which he failed to show good cause (beginning with the week the stop pay flag was posted on the claim) up until the Saturday of the week prior to the date the claimant added or updated the resume.
NOTE: The good cause exception does not supersede able and available requirements under Section 1253(c). It is an additional eligibility requirement related to participation in reemployment services. If a claimant has good cause for not registering in CalJOBSSM because he or she was unavailable for more than four hours during the regular work week, the claimant may not be eligible under Section 1253(c).
A determination interview was scheduled for a claimant who failed to enter a resume in the CalJOBSSM system by Friday of the week of the scheduled PJSA appointment. The claimant had entered her resume in CalJOBSSM in the third week following the PJSA appointment. At the interview the claimant stated she was too sick to enter the resume during the week of the PJSA appointment. Then she was out looking for work and thought she would find a job in the second and third week following the PJSA appointment. By the Sunday of the fourth week, when she had not yet secured a job, she decided to go ahead and enter her resume. The claimant had good cause for her failure to add her resume for the first week. However she did not have continuing good cause during the second and third weeks following the PJSA appointment. The claimant was found NR eligible for the week of the PJSA appointment. She was then NR disqualified beginning the Sunday of the second week following the PJSA appointment and ending on the Saturday prior to the fourth week (when she added her resume to CalJOBSSM).
NOTE: The above claimant should be disqualified for AA health for the first week.
A claimant can only be found eligible for failure to add or update a resume if the claimant can show continuing good cause for each week from the date of the stop pay flag on the claim up to the date of the determination interview. If the claimant shows continuing good cause, the claimant will be found NR eligible. However, the claimant must be advised that the requirement to add the resume still exists. The claimant is given an extra week to add or update the resume (until the second Saturday following the determination appointment).
EXCEPTION TO ABOVE RULE: If any of the following circumstances exist, the claimant will be found eligible and will not be required to add or update a resume in CalJOBSSM:
- CalJOBSSM does not normally contain job listings in the claimant's usual occupation and job development efforts would not be productive. (The interviewer must contact JS by calling one of the offices to determine if jobs in the claimant's usual occupation normally exist in the CalJOBSSM system.)
- It is determined there are valid safety and/or privacy considerations of the claimant and/or dependents related to the posting of personal information on the resume in the CalJOBSSM system. (See BDG VQ 155 for further information).
NOTE: If the claimant did not receive the PJSA appointment letter, there is no NR issue. Enter a clarification only.
A detemination interview was scheduled for a claimant who failed to enter a resume in the CalJOBSSM system by Friday of the week of the scheduled PJSA appointment. The claimant stated she had been a victim of domestic violence and her husband is stalking her and she needs to keep her address and other information confidential. The claimant does not wish to send her information through an unsecured internet line or post her information in CalJOBSSM where individuals she does not know have access to her personal information.The claimant had shown good cause for her failure to add her resume and was found eligible under Section 1253(b).
NOTE: The Department must verify that the claimant has a restraining order, a police report, or some other information that identifies the source of the abuse and/or verifies the abuse or threat of abuse. See VQ 155 for further information.