am I eligible for EDD benefits?

[brad miller]

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

so i've been receiving unemployment checks for a few months now. I just got my claim form for a few weeks ago so that I can fill out to get unemployment check for that period. But during 2 those weeks, I'm not sure what to say

Since I've been applying to grad schools as well as looking for jobs, I visited a school for a few days. I was also working part-time, but my employer let me take time off to go visit that school. But since I've had to visit schools for the past few weeks now, its been hard for me to continue working for them. Does this count as 'refusing work'?

Also, I received an offer for a full-time job, but it paid LESS than that part-time job and it required a 1-2 hour long commute so I was hesitant to accept it. When I told the employer that I wanted to start 2 weeks after the deadline to accept the offer or not, he was ok with that. But when I asked about how flexible the work hours were, he decided that this job wasn't for me and suggested I look elsewhere. Does this also count as me 'refusing work'?

 

[pattytx]

"Visiting schools" is a personal reason for missing work. You did not work when work was available. Therefore, it is understandable that the state would deny benefits for those weeks.

Relative to the second question, the job offer was withdrawn. IMHO, that is not "refusing work".

 

[brad miller]

"Visiting schools" is a personal reason for missing work. You did not work when work was available. Therefore, it is understandable that the state would deny benefits for those weeks.

Relative to the second question, the job offer was withdrawn. IMHO, that is not "refusing work".

I'm currently filling out the claim form for a month ago. I've been visiting schools these past few weeks. Because of that, I wasn't flexible to work at my part-time job. Because I also mentioned that I would likely leave due to the full-time offer, it was kind of assumed that I would leave that full-time job. But since the full-time job offer was withdrawn, and I'm about to finish visiting schools, I may get in contact with that for that part-time job again.

For 'reason no longer working or still working', do I mention that it was because I got a full-time job offer? Or because I had to visit schools? Either way, would I still be eligible for benefits? I know EDD encourages FULL time work, not PART time, so its not like its a big violation I made by 'refusing' the part time job, right?

 

[commentator]

I think you should probably not say you "refused work." Your part time job is not what the unemployment certification is interested in anyhow.
You were out of town for how long? A whole week? Two or three days? That is not "refusing work." This may, if you missed a whole week and were out of town and were in no way looking for jobs at the location where you were shopping grad schools, mean that you were not "able and available" for work. That is where you would report that if you did. The most honest thing to do when you are not available is stop the claim for a week. Then you re-open it in order to begin drawing benefits again. You do not lose the week's benefits, they are stuck on at the end of the claim.

Refusing work is when you are formally offered a job, and you refuse it for whatever reason. You would be supposed to report this on your certification for that week as yes, I refused work. Then they will stop your claim, call you and obtain the particulars of the situation. They would, if the job were determined to be unsuitable due to the commute, the pay, the hours, whatever, issue a "refusal of work" decision and you would, if they decided it was not unreasonable for you to refuse the job, back pay you and begin paying benefits to you again.

The little interchange you discussed with the employer where you and he talked, and he said you'd be working thus and thus and thus, and then you said you didn't want to start until two weeks later, and then he rescinded the statement....let me put it this way. DON'T APPLY FOR JOBS YOU DON'T WANT!

Since the employer rescinded the job offer, I think you are probably out of the woods as far as it being reported to the unemployment office that you refused the job. I don't feel that you have to report it, under these circumstances. Though you walked a fine line on making yourself sound so unattractive to the employer that he decided to take back the job offer.

My reasoning on this is that the job sounds as though it was spectacularly unsuitable for you, it was very probably not an equivalent job to the one you are looking for, the one you lost, and you are already working at a part-time job to supplement your unemployment benefits anyhow. If you report that you refused a job, they will stop your claim, you will go through weeks of paperwork, and eventually, they will issue you a decision approving you to continue to receive benefits. Sort of an exercise in futility, since the job offer was rescinded and very likely will never be reported to the unemployment office.

I am sure the workers at unemployment office in your state would tell you the same thing I am about to tell you, if they're being very frank and not being sticklers for the law. Okay. DO NOT APPLY FOR JOBS YOU DO NOT WANT! You are not required to apply to obviously unsuitable jobs. When you are in these places looking for graduate schools, apply for a job. By the way, did you also apply, when submitting your application to the school, for a graduate assistantship or work study program? If so, you do not say you were not able and available for work while out of town looking at a grad school, you were seeking work out of town if you decided to move there.

About your part time job. The employer seems to have been cooperating with you, and that is good. We certainly assume you are reporting your wages each week to unemployment, and working your hours he has available for you as you two work out between you. If you were to up and quit this job, you would be supposed to report it to the unemployment system that week, and yes, it would probably stop your benefits all together if you quit the job without a good cause. If you were quitting the job to go to grad school, you would not be able to draw while in school anyhow, under most circumstances.
In any case, that's the time to tell the unemployment system what is going on.

Many people on unemployment, I'll have to say, IMHO try to be terribly honest. In fact, they over-think and agonize and report too much. This increases the work load of the unemployment system considerably. That's why I say don't feel you have to apply for every job you can think of, especially one you know is unsuitable to begin with. If you are formally offered the job, you can be nailed for refusing it. You will be able to figure out whether or not it was a bona fide job offer.

But as I said, it is not dishonest to look for a job out of town. It is not dishonest to work your part time hours around your desire to travel somewhere for a couple of days while on unemployment. A two week vacation in Europe isn't what I mean here, because you know you're not looking for work there, and you're not able and available. You can in such cases stop your claim by not certifying for those weeks, and then will have to re-open it when you are again ready to qualify.

 

[pattytx]

I've never collected UI in California, but in my current state of PA, one of the questions asked is "did you refuse work when work was available?". It is not "did you refuse a reasonable job offer". If the OP was on the schedule on his part-time job, and chose to not work some of those hours in order to go out of town for personal reasons, that answer would correctly have to be yes.

Just sayin'.

 

[commentator]

Yesss..s.s but, if he was in agreement with his boss, they'd worked this out and he was in agreement that the OP take the time off, he's okay with it, and the OP is reporting all his wages when he does work, if he did go into it, answer the question yes, then the whole inevitable thing would begin, they'd stop his claim, call him and take down the information, about three weeks of struggling with it, (best case, some decisions are horribly late!)in which he was not getting paid and was getting further and further behind, and I am still feeling like they'd probably give him a pass on this, and let him go on and be paid for this week, by decision. Like I said, there are some other factors, like how long did he stay gone, did he work any that week, was he making a job search in combination with his travel....

If the part time job boss has a full time job available, offers it to the claimant, and the claimant is saying, "No I don't want full time, I want to work part time so I can keep getting my unemployment, then he is "turning down work when work is available." It has a lot to do also with the wording of the certification form and the (this is extremely vague, I know) "traditional interpretation" of these standards by this particular state. Some states are very liberal, some are very strict.

As I said, it seems more the strictly honest tend to hurt themselves sometimes when it isn't absolutely necessary by over thinking the questions, while the casually moraled don't sweat it and usually flourish.

I had a lady who had a terrible attack of conscience, wanted me to take back her week's check because there was a job in the newspaper that she thought she probably should have applied for but she waited too late to send in her application, so she had turned down available work.

 

[Hot Topic]

If you notice when you look through ads, many will say, "Don't apply if you don't have all the qualifications." They consider it a waste of their time to go over a resume and discover that the applicant doesn't have a college degree when they specified in the ad that a degree was a must. Some people will push you to ignore the qualifications. Ignore those people. You're just proving that you don't know how to read, or obey, instructions. Employers don't care how "desperate" you are.

 

[brad miller]

sounds like I should just take the safe way out. Am I better off not even submitting the claim form? Or should I just submit it anyways even if I say that I 'refused' work in order to visit the schools?

For 'reason no longer working or still working' at the part-time job, do I mention that it was because I got a full-time job offer? Or because I had to visit schools? Either way, would I still be eligible for benefits?

 

[commentator]

No. Listen to me. DO NOT MARK ANYTHING ON THE CERT AND SEND IT IN. If you submit the form with anything related to refusing a job or anything like that, it will stop your claim for an awful terrible length of time, and then in the long run, it is my expert opinion that you are going to be entitled to benefits eventually. So you have just dumped a bucket of manure on your own head for nothing. Do NOT write anything else on the form because it will not be read by a human. It will be kicked out of the system, and weeks later, a human will process it, and they will never see the certification card, they will have to gather the information on your situation from you directly.

I would probably go on and file for the week, notating nothing except the usual everything is a yes except refused work. But if you want to be a stickler, if you do not want to draw benefits for the week you were out of town because you did not make any job searches and you feel you were not eligible, this is what you can do.

DO NOT submit the claim form for that week. Call them and explain to them that because you were not available for the week of ......whatever, you wish to stop your claim for that week, that particular Sunday through Saturday, because you were not able and available for work because you were out of town.

DO NOT mention that you refused work or any such bunk as that, because as I have already said, the refused work they are talking about does not mean you did not work at your part time job; it means refused work (at a place where you have applied) that was offered to you. You already have a job with that employer, he did not OFFER you work that week, because you are already an employee of his. You and he just arranged your schedule so you did not get any hours that week.

Now, about not being available for work. If you think you were really ineligible for that week, and you do not wish to draw for that week, as I said, do not certify for it, do not put down anything on your form about that week. Skip that week entirely. If you have a multi-week form, you'll send in the rest of the weeks, after you've talked to the unemployment system worker.

You must then call the U.I. system and tell them what you are doing---warning, get into the "refused work" issue only if you want to spend a lot of time not receiving benefits until it is fixed, and then as I have said, it will be approved anyhow. --- But anyhow, tell them you were not able to look for work because you were out of town. They will probably ask, "Well, did you look for work out of town?" and try to get you to certify for the week. Honestly, I've been on that side of it, and if you can in any way say you made a good faith effort to meet the eligibility criteria, we want you to have a check. Besides, it cuts down on their work load if they don't have to re-open your claim.

But because of the gap of a week, you must re-open your claim so that the system will accept your certification for the next week. You must do this through the system. Then you'll resume your certifications in sequence for the weeks.

Don't try to overthink this whole thing. They will not consider your written explanations on the certification card. Everything will just stop if there is something the machine won't process. You'll kick out, no check will be issued, and there will be a long long delay while they finally get around to a decision whether or not you actually refused work or whatever. And as I keep telling you, I suspect that you will finally be approved for benefits for those weeks anyhow.

So I don't understand what you mean by the "safe way". There is no safe way, because there is no danger involved. You will not get into trouble if you don't report you refused work this week in question, it is NOT a case of refusing work because you did not work at your part time job. It may be a case of you don't want to receive a check because you weren't available, did not look for work, or whatever. But anyhow, you are worrying far too much about this. Skip the week you were out of town, re-open your claim, and go on.

Honestly, the machinery and the system that processes thousands and thousands of certs a day in CA does not want to hear about every little wiggle in your life force, every consideration of every little issue. You get the general idea, able and available, working the hours that are available to you, doing a good faith job search for the jobs you really want.

 

[brad miller]

I would probably go on and file for the week, notating nothing except the usual everything is a yes except refused work.

Thanks for your help. I understand that I shouldnt even mention the full-time job offer that got rescinded.

But I didn't quite understand what you were saying regarding what I should mention about that part-time job. For my last claim form, under 'reason no longer working or still working' at the part-time job, should I just say 'Still working'? If they call my part-time employer and find out that that was the last week I worked and my employer thought I told them I wanted to quit that week, will I be in trouble for 'lying' about no longer working there?

Thats actually the last week I worked at that part-time job. Its not like I've formally stopped working there as we didn't sign an agreement or anything. But we haven't been in contact since I told that employer I wouldn't be available the following weeks due to visiting schools. Now that I've finished visitng schools, I could work there again. But it may be hard since I intend to spend the next couple weeks enrolling in school as a non-degree student

 

[commentator]

Okay, you didn't make that part perfectly clear to me. That you have told the employer at the p.t. job that you wanted to quit. Frankly, that changes the flavor of this whole popcycle. Because you are actually quitting the p.t. job for a personal reason ( you wanted to get ready to go to school.)And that would make you ineligible for any more unemployment benefits. Report this and you'll be stopped. Not started again later.

What I would do is go back and tell the employer (p.t. job) that I'm available to work again. If he doesn't have hours for you any more on his schedule, that's okay, you don't have to work, you don't have to report that you quit a job or refused work. You don't report ANYTHING.

I would, if I were you, for the next few weeks, continue to work any hours that the man had for me anyhow. Because you need the income, you are going to be changing your eligibility status very soon and may no longer be able to receive unemployment benefits once you are in school.

Besides, if you do not accept these hours, then you would be lying when you said you had not quit a job. So I believe that instead of giving up my unempoyment benefits at this point, which is what you'll be doing, I'd accept and work the hours this man has for me,(if he has any) and then report the wages appropriately. If he doesn't have any, then you are cleared of refusing work or quitting the job. It's his choice not to work you anymore, not yours.

In a few weeks, you will have to report that you have begun school or training, and a school decision will have to be made on your claim anyway. Availability for work will be an issue. As I said, it might stop your benefits totally, and will definitely stop them for a few weeks while they make the decision.

As I told you, do not write anything extra on the certification form. I wouldn't even mention anything, as they can see when you are working at your part time job because you report the wages. If you call this employer and offer yourself for work again you can honestly say you did not quit the job or refuse work.

And that's the idea. If your employer were asked, would he say you quit? Fix it so that is not the case, don't quit, and you don't have to report it.

Quote: "If they call my part-time employer and find out that that was the last week I worked and my employer thought I told them I wanted to quit that week, will I be in trouble for 'lying' about no longer working there?"

Unless you royally screw up your certification form by writing a bunch of extraneous explanation on it that will generate an investigation, it is practically guaranteed that the workers at the EDD will NOT be calling your employer to check on whether what you told them is the truth or not.

Working and drawing benefits is caught by cross matching wages paid to your ss# by the system. The workers do not make careful checks and calls on each certification that is sent in. There are not that many of them.

If your p.t. employer grew angry with you and called in to report that you had quit the job, though, they very well might refer you to the investigation unit. Or, as I always used to tell my clients, a jealous friend, a vengeful ex-wife, anyone can call in on you, so it is good to stay honest in all things. But sometimes, it is not necessary to be too detailed.

.

 

[brad miller]

Okay, you didn't make that part perfectly clear to me. That you have told the employer at the p.t. job that you wanted to quit. Frankly, that changes the flavor of this whole popcycle. Because you are actually quitting the p.t. job for a personal reason ( you wanted to get ready to go to school.)And that would make you ineligible for any more unemployment benefits. Report this and you'll be stopped. Not started again later.

What I would do is go back and tell the employer (p.t. job) that I'm available to work again. If he doesn't have hours for you any more on his schedule, that's okay, you don't have to work, you don't have to report that you quit a job or refused work. You don't report ANYTHING.
.

I never directly told them I wanted to quit. In the 1st email I sent to them about *possibly* quitting, I just asked about their resignation policy and that I got a full-time job offer elsewhere. They told me they're pretty flexible about that and have no problems with it since they're unable to provide me with full-time hours. BUT, when I spoke to them in person about it later, I clarified that I wasn't sure if I wanted to quit or not because I was still thinking about whehter I wanted to accept the full-time offer or not. They were surprised because they thought I wanted to quit their part-time job. BUT, that ended up being my last week anyways because the following weeks I was unavailable due to visiting schools. In a later email I sent, I said 'this is probably the last week I can tutor', because I expected that I would start the full-time job the following week.

So now I don't know what to say. I just sent them an email a few minutes ago saying I'm available now. But they probably hired a new person to take my spot. In that case, for my claim for a month ago (which was the last time I worked for them), I need to fill out 'reason no longer working or still working'. You're saying that if they hired someone else to take my space, just say 'no longer working because I got replaced'?

 

[commentator]

No, say "had no hours available for me." Because that's what it is, they no longer have any hours available for you. You offered yourself, but they had no hours available for you. "Got replaced" is not clear at all. That could be fired for cause or who knows what, will cause a delay in being paid for those weeks.

 

[brad miller]

No, say "had no hours available for me." Because that's what it is, they no longer have any hours available for you. You offered yourself, but they had no hours available for you. "Got replaced" is not clear at all. That could be fired for cause or who knows what, will cause a delay in being paid for those weeks.

I called them to follow up, after they had not responded for a few days, and they told me there have been some new hires to take my place, but there might be a need for me in the near future. So its ok to say "No longer working because they had no hours available for me, right"?

This is for my continued claim from a month ago, which is the last time I worked at that part-time job before visiting grad schools

 

[commentator]

Yes. Just send it in, don't overthink it.