EDD tempe agency?

[toribowl]

What is the name of your state (only U.S. law)? CA

Hi, I got a job through a staffing agency and when I was hired I had a M1 misdemeanor(assault) on my background from years ago. I explained to them that it was on my background and they didn't care. I have been working for the staffing company for 4 months and now the company that hired the staffing company wants to bring me on as a full time employee.

Question is.

The company that I support wants to bring me on full time so they re-ran my background check and found it. I know have a meeting with HR tomorrow and I am concerned I am going to get canned. Will I be able to claim unemployment benefits if I do? I have made alot of money in the 4 months I have been working so I will qualify for the minimum.

I signed a background disclosure agreement with the staffing company so they should had the report.

 

[commentator]

This will depend a great deal on where you have been for the last two years, as far as whether or not you have been working for covered employers. If so, and you have enough wages paid in on your account in the past two years to set up a claim monetarily, then the agency will look at the reason you are no longer working. Your employer is the temporary agency. If you were not to be picked up by the regular worksite, for whatever reason, you report back to the temporary agency. If they have another assignment for you, you take it. If not, if they do not have another assignment for you, then you file for unemployment insurance and a decision will be made.

In order to qualify for unemployment insurance you must be out of work through no fault of your own. Since you informed the temporary agency that you had this on your record, and they allowed you to continue working, that would not be disqualifying, as they did not require a perfect record to work for them, obviously. And THEY, not the worksite, are your employer. If they do not have another assignment for you, then you would stand a good chance of approval (providing you qualify monetarily) while you were looking for another job, which would mean that you were making regular contact with the agency to see if another assignment had become available. But from here, and with all these "if, then?" questions we can't really say if you would be able to draw anything. Hopefully, the company will hire you and it will not become an issue anyway.

 

[Chyvan]

I have been working for the staffing company for 4 months

I have made alot of money in the 4 months I have been working so I will qualify for the minimum.

Look at your paystubs and compute your gross wages from Oct to Dec, Jan to when you get let go, then the total. I'm assuming that you started in Oct, 2016. Then you use this table
http://www.edd.ca.gov/pdf_pub_ctr/de1101bt5.pdf It shows you how much per week you'll get based on your high wage quarter, then take your total gross divided by 2 then divide by your weekly benefit amount to calculate the number of weeks. Depending on base period wages and how long you think it's going to take you to get a new job, and what you have in savings, you just might want to wait to file your claim until April 2, or July 2.

It bothers me that you use the words "a lot" and "minimum." In CA, it's possible to earn $23,400 in one quarter and get $450/wk for 26 weeks of benefits, which would be the max not the minimum.

A claim filed today would use wages Oct 1, 2015 to September 30, 2016.

A claim filed April 2 would use wages Jan 1, 2016 to December 31, 2016

A claim filed July 2 would use wages April 2, 2016 to Mar 30, 2016

CA's alternate base period is only available to you if you receive no benefit, it doesn't get you the best benefit.

Because you use the word "minimum," it makes me think you did have wages and not much prior to Oct 1, 2016.

There's nothing wrong with gaming your base period wages to get the best claim possible. You have to chose carefully because it's a pain to undo, and there comes a point when you're stuck with the claim value you received.

These calcs make sense to do if you anticipate being out of work for a year or longer. If you claim now, and collect on a low value claim, you'll exhaust in 6 months or less. Then if after a year, you didn't have any new earnings to get a second-year claim, these "a lot" of money quarters that you say you have would just age away and do you no good for getting UI in the future.

If you wait and it gets you more, you'll just collect your money later into your year of unemployment and collect more over that year. However, it doesn't come without a risk. You might die and get nothing. You might be wrong about how long it would take you to find a job, and then get nothing for waiting when you could have had something.

If it's really the "minimum" vs something better, you might want to gamble. CA's minimum is $40/wk x 26 = $1,040. If you have what it takes for max benefit for 26 weeks by waiting that's $11,700. That's a difference of $10,660. That's not something to discount lightly, but you need a crystal ball that works to make the best decision, so you'll have to throw the dice knowing what you know.

 

[toribowl]

Thank you for your responses. Well from October 25th to February 1st I made a little over 22k

at the time of this post I was unsure what the minimum was or how many hours you had to work to qualify.

 

[toribowl]

Thank you for your responses. Well from October 25th to February 1st I made a little over 22k

at the time of this post I was unsure what the minimum was or how many hours you had to work to qualify.

I saw the post above and that concerns me because in 2016 I didn't really make that much. I took 7 months off and traveled.

I made about 14k back in Jan - Feb. In September I got a job with the total wages for 2016 coming out to about 30k