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Unemployment Benefits
- Thread starter Whiskee
- Start date
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cbg
I'm a Northern Girl
When it comes to whether or not anyone is eligible for unemployment, the only one who can give a definite answer is an adjudicator from that person's state. It is far too state- and situation-specific question to answer.
By all means apply and see what happens. There is no penalty for applying if you end up not qualifying and the worst that can happen is that you're turned down.
By all means apply and see what happens. There is no penalty for applying if you end up not qualifying and the worst that can happen is that you're turned down.
If you were correctly classified as an independent contractor, then you cannot receive unemployment benefits. UI is funded by the employer based upon the reported wages for employees only, not ICs.
Now, if you were incorrectly classified and should have been reported as an employee, then you might have a shot. Of course, there would be other tax implications to this misclassification as well.
Now, if you were incorrectly classified and should have been reported as an employee, then you might have a shot. Of course, there would be other tax implications to this misclassification as well.
Employee Last Year, but Independant Contractor now
California
Patty,
Thank you for your reply. I'll clarify my situation. July 2003 I started a therapy business, but not with tax ID number. I rent space and do not have my own place of business. I was collecting unemployment benefits in July 2003. Since then, I do sporadic acting jobs, so "abc" casting was and is my employer. Each "acting" job is a 1 day job. But as of Jan 2005 I will be reporting myself as independant contractor on taxes. Does "abc" casting count as my employer while I also work as an independant contractor? My therapy work is limited to 20 hrs or less and is considered part-time.
So I should ask if being an indendant contractor and having a previous employer pose problems collecting unemployment benefits? And tax-wise how does that effect me?
Thank you,
Whiskee
California
Patty,
Thank you for your reply. I'll clarify my situation. July 2003 I started a therapy business, but not with tax ID number. I rent space and do not have my own place of business. I was collecting unemployment benefits in July 2003. Since then, I do sporadic acting jobs, so "abc" casting was and is my employer. Each "acting" job is a 1 day job. But as of Jan 2005 I will be reporting myself as independant contractor on taxes. Does "abc" casting count as my employer while I also work as an independant contractor? My therapy work is limited to 20 hrs or less and is considered part-time.
So I should ask if being an indendant contractor and having a previous employer pose problems collecting unemployment benefits? And tax-wise how does that effect me?
Thank you,
Whiskee
You can be an independent contractor for one company and an employee for another at the same time. However, if you are receiving UI benefits, you have to report all income in a given week, including those earned from your IC work. If you are receiving benefits when you are not acting, they may be reduced by your IC income.
Good luck in the acting thing. Will we see you in any commercials?
Good luck in the acting thing. Will we see you in any commercials?
You may see me on the big screen
California
Hi Patty,
Thanks again for your reply. I'll proceed with applying for benefits and go from there. And taxes may be tricky?
I hope to do commercials. But you'll see me in "Memoirs of a Geisha" to be released in November. I'm a featured extra carrying the hot wax in the hair salon.
Thank you,
Whiskee
California
Hi Patty,
Thanks again for your reply. I'll proceed with applying for benefits and go from there. And taxes may be tricky?
I hope to do commercials. But you'll see me in "Memoirs of a Geisha" to be released in November. I'm a featured extra carrying the hot wax in the hair salon.
Thank you,
Whiskee
Confused Person
Junior Member
Unemployment Insurance (From California's unemployment website)
www.edd.ca.gov
An individual who files for unemployment insurance benefits must meet specific eligibility requirements before benefits can be paid. Individuals must:
Have received enough wages during the base period to establish a claim
Be totally or partially unemployed
Be unemployed through no fault of his/her own
Be physically able to work
Be available for work which means to be ready and willing to immediately accept work
Be actively looking for work
Meet eligibility requirements each week benefits are claimed
Be approved for training before training benefits can be paid
Wages to establish a claim
Employers report wages to the Department for each employee. The Department uses this information to decide if an individual earned enough wages in a base period to establish a UI claim. A base period is a specific 12-month period. For example, if a claimant files a claim that begins in April, May or June the claim is calculated based on wages paid to the claimant between January 1 and December 31 of the prior year.
The minimum weekly benefit amount is $40 and the maximum weekly benefit amount is $450. For more information about how the Department calculates a UI claim, review A Guide to Benefits and Employment Services, DE 1275A and the California Employer's Guide, DE 44.
Reason an individual is unemployed
The reason an individual is out of work can affect his/her eligibility for benefits. A person who is laid off is out of work through no fault of his/her own. A person who quits work or is fired from work will be scheduled to a telephone interview because there is a separation issue that must be resolved. The Department interviewer obtains and documents information about the separation from the employer and claimant and decides, according to law and regulations, if the person is eligible to collect benefits. The Department mails a notice to the claimant who is not eligible for benefits. The Department mails a notice to the employer who responded timely to the notice of claim filed. The notice advises the employer about whether the claimant is eligible or not, and whether the employer's account will be charged for benefits paid to the former employee. Either party can disagree with an unfavorable decision and file an appeal.
Individuals must meet eligibility requirements each week that they claim benefits.
A person must be physically able to work, available for work and actively looking for work each week benefits are claimed. An individual must complete a claim form every two weeks, sign and date the form and return it to the Department for payment. If the information on the form shows that the individual did not meet eligibility requirements, the Department will schedule a telephone interview. Based on the information obtained, benefits may be reduced or denied. An individual who disagrees with our decision to reduce or deny benefits may file an appeal.
Review finding a job to learn more about services EDD provides to job seekers.
Approved Training
Individuals interested in enrolling in training to increase their job opportunities must contact EDD for approval. Claimants attending an approved training course are not required to look for work, be available for work or accept work while in training. Take the time to read our fact sheet about the California Training Benefits Program and review the Get Training - Individuals section of this Web site.
For more information about UI:
Review the Claim Process for a step-by-step explanation of what happens when an individual files a UI claim. Included are the actions the Department must take to resolve an eligibility issue.
Our Frequently Asked Questions answers many of your concerns about eligibility.
The Telephone Interview provides information about what you can expect when the Department conducts an interview about eligibility issues.
www.edd.ca.gov
An individual who files for unemployment insurance benefits must meet specific eligibility requirements before benefits can be paid. Individuals must:
Have received enough wages during the base period to establish a claim
Be totally or partially unemployed
Be unemployed through no fault of his/her own
Be physically able to work
Be available for work which means to be ready and willing to immediately accept work
Be actively looking for work
Meet eligibility requirements each week benefits are claimed
Be approved for training before training benefits can be paid
Wages to establish a claim
Employers report wages to the Department for each employee. The Department uses this information to decide if an individual earned enough wages in a base period to establish a UI claim. A base period is a specific 12-month period. For example, if a claimant files a claim that begins in April, May or June the claim is calculated based on wages paid to the claimant between January 1 and December 31 of the prior year.
The minimum weekly benefit amount is $40 and the maximum weekly benefit amount is $450. For more information about how the Department calculates a UI claim, review A Guide to Benefits and Employment Services, DE 1275A and the California Employer's Guide, DE 44.
Reason an individual is unemployed
The reason an individual is out of work can affect his/her eligibility for benefits. A person who is laid off is out of work through no fault of his/her own. A person who quits work or is fired from work will be scheduled to a telephone interview because there is a separation issue that must be resolved. The Department interviewer obtains and documents information about the separation from the employer and claimant and decides, according to law and regulations, if the person is eligible to collect benefits. The Department mails a notice to the claimant who is not eligible for benefits. The Department mails a notice to the employer who responded timely to the notice of claim filed. The notice advises the employer about whether the claimant is eligible or not, and whether the employer's account will be charged for benefits paid to the former employee. Either party can disagree with an unfavorable decision and file an appeal.
Individuals must meet eligibility requirements each week that they claim benefits.
A person must be physically able to work, available for work and actively looking for work each week benefits are claimed. An individual must complete a claim form every two weeks, sign and date the form and return it to the Department for payment. If the information on the form shows that the individual did not meet eligibility requirements, the Department will schedule a telephone interview. Based on the information obtained, benefits may be reduced or denied. An individual who disagrees with our decision to reduce or deny benefits may file an appeal.
Review finding a job to learn more about services EDD provides to job seekers.
Approved Training
Individuals interested in enrolling in training to increase their job opportunities must contact EDD for approval. Claimants attending an approved training course are not required to look for work, be available for work or accept work while in training. Take the time to read our fact sheet about the California Training Benefits Program and review the Get Training - Individuals section of this Web site.
For more information about UI:
Review the Claim Process for a step-by-step explanation of what happens when an individual files a UI claim. Included are the actions the Department must take to resolve an eligibility issue.
Our Frequently Asked Questions answers many of your concerns about eligibility.
The Telephone Interview provides information about what you can expect when the Department conducts an interview about eligibility issues.
Not exactly. In California, here's how it works.
Let's say you file your claim in July, 2005. They go back to the previous quarter which ended June 30, 2005. Then they take the 4 quarters previous to that one, i,e. 2nd quarter 2004 through 1st quarter 2005. So, 4/1/04 through 3/31/04. That would be your base period.
Let's say you file your claim in July, 2005. They go back to the previous quarter which ended June 30, 2005. Then they take the 4 quarters previous to that one, i,e. 2nd quarter 2004 through 1st quarter 2005. So, 4/1/04 through 3/31/04. That would be your base period.