refiling for unemployment

[thebrain]

What is the name of your state (only U.S. law)? California
In July of 2013 I filed a claim for unemployment, I had my hours reduced by 60 percent. I continued working for this company tell Dec 2013. It is questionable weather I quit or was laid off at that point. In any case I continued filling and now my claim is running out. I plan to refile and state that I was laid off. Does anybody know if my company lost the right to contest my new filing because they never told edd that I "quit" 6 months ago when I was collecting on my old claim. Also if they contest this new filing could I have to give back the money I have collected since January.

 

[commentator]

What you say when you "refile" your claim is irrelevant. Why would their reason why you have reduced hours, later reduced to absolute zero affect your new claim? Answer, no they will probably check with the employer to determine if you are working all the hours that are available to you through them. If they don't have any hours for you to work, they don't get to "Appeal" your new claim, any more than they did your drawing the old one. The only reason you have to worry is if you are being called back to work and you are refusing to return to work. Otherwise, when your benefit year ends on this claim, in July, 2014, you will be refilling (you don't have a choice to do this or not.) There is not going to be any more of the old claim there for you to draw. And don't be surprised if there's a smaller weekly benefit amount, since you have had reduced earnings during the last year. But the good news is, you DID have some earnings,while you were working part time. SO you will have what they call "re-earnings" which means you can start drawing the new claim immediately.

DO NOT even think about them taking back money from a claim you were approved for and drew on already. After the appeals period has passed, unless you were committing some type of fraud, like working at another job at the same time, the system wouldn't be saying you were overpaid. Once the issue of your eligibility for unemployment has been settled originally, they don't give the employer or you the chance to repeatedly appeal that same decision again just because you file another claim from the same period of unemployment.

 

[thebrain]

Thank you for the reply. I have had no contact with them since January. Maybe I'm worried about edd calling them up and them saying I quit. And things get merky at that point. I say they stopped scheduling me, they say I just quite. From what I read on edds website, if my employer thinks I quit and I'm currently on unemployment then they have 10 days from the moment I quit to tell edd. Since it has been 6 months since my departure does it really matter the reason for my departure? There for I should be able to refile unemployment and there is nothing my company can do about it. Can anybody in the know confirm this?

 

[commentator]

I thought I answered this in the previous post. But I am in the know, and honest to john, if the employer did not appeal your reason for termination within the first few weeks of claim approval, you are absolutely off the hook for why you left them. You are able to file a new claim when your benefit year ends in July 2014, and your previous employer WILL NOT be contacted again and given a chance to appeal again.

 

[thebrain]

Thank you again for your feedback. If you could clarify..... When I originally filled my paperwork with edd I said the reason I was filling was because my hours were reduced and I was working part time. That was in 2013. Now when I file I'm going to say laid off. Since the reason I filed in 2013 is different then the reason I am filling today, does that give them the ability t appeal?

 

[commentator]

Okay, ask the unemployment system. whether I say it is or isn't isnt' going to make any difference to you. You want more reassurance than I can provide.