Eligible for unemployment in CA??

[falana]

California

I'm wondering if I'm eligible for unemployment based on the following facts:

I have been employed full time since Jan 2009. I worked 40 hours/5 days a week and was paid a weekly salary. I am the only full time employee and in July 2009 my boss decided to put me on payroll because her Business Manager suggested it was in her best interest legally. I received bi-weekly payroll checks until Oct 31, 2009 when I went on maternity leave. It was agreed by myself & my employer that I would return to work after 3 months. I am now ready to go back to work, but my boss is implying that she doesn't need me full time and suggested I work freelance.

Please advise me of my options.

Thank you

 

[TinkerBelleLuvr]

Did she pay your as a contractor until July 2009?

 

[swalsh411]

If you were to apply for unemployment in 1st quarter 2010 your wage base period would be Oct 2008 - Sep 2009 so if you had enough wages from July - September you would be financially eligible. There is chart on page 5 of this PDF.

http://www.edd.ca.gov/pdf_pub_ctr/de1275a.pdf

As to whether or not you would be eligible due to your separation reason, I would think so because you had planned to return to your job and now it's no longer available but there are some real experts here on unemployment so I would wait for one of them to chime in. You would still need to report all earnings while you were receiving unemployment and this might result in a reduction of benefits for that week.

 

[falana]

Did she pay your as a contractor until July 2009?

Yes, I'm assuming i will receive a 1099 for the period between Jan-July. I got my W2 for the payroll months already but no 1099 yet.

 

[falana]

Does anyone have any further input?

I just found out on the EDD website that my time prior to payroll qualifies me as a "common law employee". Therefore my employer was suppose to pay tax on my employment. Must be why her financial advisor urged her to get me on payroll. So based on this, am I able to claim the income I made from my employer prior to being put on payroll?

Thank you in advance.

 

[commentator]

File. File, file! Don't sit around here asking us whether or not you'll have qualifying wages. This is something you can determine only by filing. Even the state claims office cannot give you a pre-estimate. You have to file. What is the downside to doing this? A few hours on the phone, maybe. You won't need to argue unless they tell you you do not have sufficient wages in the quarters to set up a claim. It's all going to be based on whether the company paid in unemployment taxes on you. If they didn't you can appeal based on that they should have been paying. If they are found to have been not paying in error, then you can get to draw based on this, out of the general wage pool.

If you are released by your doctor and you are ready to return to work, and there is no work available for you at this time, then you are going to qualify for unemployment. IF you have the wages in the quarters to set up a claim. If you do not qualify at first, ask the person at the unemployment office if you can use the "alternative base period." In some states, this was put in as part of the stimulus package and will qualify some people based on their most recent quarters of work.