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unemployment claim -will it be affected?

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zrop

Junior Member
What is the name of your state? CA

I was let go by my employer about a week ago. They have had several rounds of layoffs for financial reasons, and they said mine was the same - that the position was being eliminated and one of the owners would be taking on my workload. Since then, they have called me up and asked if I would come into work two days a week and train one of the owners and a new employee who they tell me is temporary (they say they don't know how to fulfill my job duties, although I don't totally believe that - before I was let go I wrote up clear instructions on what I did and walked the owner through everything). Previously I was paid on a salary as a full time employee, and they have asked me to come in as an outside consultant, and told me I would not be put back on payroll. Since then, someone else has been hired (they have told me it is temporary) to figure out my duties and assist in teaching the owner. However, the woman who was hired has limited technical skills and knows less than the owner about what I was doing. So I have three questions. 1. If I do go in for a few weeks and teach the owner and 'temporary' employee my duties, will it affect my unemployment benefits, and how so? (I am not at liberty to say what benefits I qualified for, but they are significant). 2. Was I fired illegally? Do I have any legal recourse? 3. I have been a part time student in the last fall semester and I am still a part time student for the spring semester - will this effect my unemployment benefits? Do I have to say I started attending school, even though I was already attending?
 


pattytx

Senior Member
Although you didn't ask this question specifically, if you agree to go back on a part-time temporary basis, you should still be treated as an employee, not an independent contractor. It is almost impossible to return to an employer after termination, do the same job, and be and independent contractor.

Secondly, there is a maximum earnings limit that you can earn in a week before your unemployment benefits are reduced or not payable for that week.
See page 21 of the Unemployment Insurance Guide here:
http://www.irs.gov/pub/irs-pdf/p15b.pdf

There is also information about what you have to do to be eligible for UI benefits if you are attending school. Actually this booklet appears to address your UI benefit questions.

And I see nothing illegal in your termination. It is not illegal to fire someone, then hire someone else to take their place.
 

Katy W.

Member
(I am not at liberty to say what benefits I qualified for, but they are significant).


Oh, please, please please, tell us what benefits you qualified for!




(Sorry.)
 

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