Does a plaintiff have to be told to stop working in order to claim unemployment benefits?
California, United States of America
The following excerpt is from People v. Han, G054972 (Cal. App. 2018):
did so nonwillfully or in the belief she had no obligation to do so. One might perhaps speculate that she did not fully understand her legal obligations under the Unemployment Insurance Code. "Speculation, however, is not enough." (Waidla, supra, 22 Cal.4th at p. 738; People v. Wilson (1992) 3 Cal.4th 926, 941 ["Speculation is an insufficient basis upon which to require the giving of an instruction on a lesser offense"].)4
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