Legal Opinion
Gutierrez v. Employment Development Department
California Court of Appeal
Decided April 20, 1993No. C004315PublishedCited by 2 opinions
1Opinion of the Court
Opinion
PUGLIA, P. J.
Unemployment Insurance Code section 1253, subdivision (c) disqualifies an applicant from receiving unemployment benefits for any period during which she is not able or available to work. (Further statutory references to sections of an undesignated code are to the Unemployment Insurance Code.) In this appeal we conclude an undocumented alien who does not have work authorization from the federal Immigration and Naturalization Service (INS) is not available to work within the meaning of section 1253, subdivision (c). The Unemployment Insurance Appeals Board (Board) denied…
2Cases cited12 opinions
- Sure-Tan, Inc. v. National Labor Relations BoardSupreme Court of the United States · 1984
- Worthley v. WorthleyCalifornia Supreme Court · 1955
- Sanchez v. Unemployment Insurance Appeals BoardCalifornia Supreme Court · 1977
- Perales v. Department of Human Resources DevelopmentCalifornia Court of Appeal · 1973
- Duenas-Rodriguez v. Industrial CommissionSupreme Court of Colorado · 1980
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3Cited by2 opinions
- Hollywood Park Land Co., LLC v. Golden State Transportation Financing Corp.California Court of Appeal · 2009
- Phillip D. Bertelsen, Inc. v. Agricultural Labor Relations BoardCalifornia Court of Appeal · 1994