can i get unemployment pay?

[ezmarelda]

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

I have been working for employer "A" since Aug.2008 my hours have never been under 24 per week and through the summer were some times 40. I informed my GM aprox 2 months ago that since I was not working more than 24 hrs per week I was going to be finding another P/T job.

I have found another job (job "B") 40 hrs per week and o/t when or if I can. I informed BOTH jobs of the other, and was very clear I had no intention of leaving job "A". I would be working both jobs on 2 days each week (mornings at "B" swing at "A")

I started job B 10/15/2009
On 10/19 (the 1st day I was to be working both jobs) I got a call from job A around 1:30pm (my shift there was to start at 3pm) Informing me that "Business has been slow so GM would be working my shift, what time could I be by to pick up my check?" I was also told I could stay on on an "On-Call" basis. I informed employer A I either needed to know when I was or was not going to be working and being "on-call" would not work, as I need more than an hour (or less) notice that I am needed to work.
He plainly said OK and handed me my check.

I am just wondering if I am able to collect any type of unemployment as I was "layed off" due to slow business not fired for doing anything wrong?

TYIA...I won't be able to log in again till tomorrow nightWhat is the name of your state (only U.S. law)?

 

[pattytx]

Probably not. Although your separation from company A MIGHT have gotten you benefits due to the quality of the separation, also have to meet the financial eligiblity requirements. Whether or not your wages were enough to earn benefits is not known.

However, you already have another job and it's full-time. You can only earn XX amount of money per week and still collect even partial UI benefits, and it is unlikely in the extreme that you would be working full time for an amount that would allow you even partial benefits. And in my state (which is not California, just mentioning that it's a possibility) if you work 40 hours per week, even IF those 40 hours gross less than the maximum you could earn and still receive some benefits, you won't get them because you're working full-time.

 

[commentator]

What you could do is file for your unemployment benefits, using Co A as your separating employer. This would set you up a claim, which would be good for one year from the date filed, at x number of dollars a week. It would be approvable, based on your reason for leaving Co.A, and the fact that you are working all the hours you have available to you at Co. B.

Company A may scream bloody murder when you file, saying you quit to take another job, but of course you can work out that this is not the case. In any case, you will have a valid unemployment claim set up, you'll know how much the weekly amount is on this claim.

Now, since you are very very likely making more at Co.B than the amount you could draw weekly, you are not going to be drawing anything off this claim right now. See? If, for any reason, your weekly wage from Company B should fall down to the point it was (gross wages) less than you could draw in unemployment per week, you could reopen your claim and receive a week of unemployment at that time.

As long as you keep up with your wages from Co.B by the week, regardless of how you are paid, and only draw a week of benefits IF you make less than you could draw (if you tried to file without reporting this income it would be caught quickly and deemed fraud!) then the situation of losing this job at Co. A might come in handy, if there were slow weeks at Company B. You never can predict these things.

If your work at Co.B keeps being 40+ hours a week, you probably won't ever use this claim, and it will expire at the end of a year from filing date. But there's always the possiblity. It's worth the filing, if you ask me.

 

[ezmarelda]

thank you both for taking the time to respond

now i know my options and knowing is half the battel