Unemployment disqualification

[jason19]

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

So I've been working two jobs simultaneously, 1 part time job about 15 hours a week and a fulltime job making more money with benefits etc. I was laid off from my fulltime job and quit my part time 1 week BEFORE I was laid off from the fulltime job. My goal is to join the California training program where they pay your benefits while going to school if you get into an approved program. I found a school program that qualifies for the program. Will I be disqualified due to it only being 1 week between the quit and the lay off? If so do I have any grounds for an appeal?? Thank you!!

 

[adjusterjack]

Apply for benefits and let the state tell you the answer.

 

[Chyvan]

I was laid off from my fulltime job and quit my part time 1 week BEFORE I was laid off from the fulltime job.

This can be a problem. CA requires that you earn 5 times your weekly benefit amount to be forgiven for the quit of your part-time job assuming it wasn't for "good cause."

Things that will factor into the decision are:

Did you know that you were getting laid off in a week from your full-time job?

WHY did you quit your part-time job?

Will I be disqualified due to it only being 1 week between the quit and the lay off? If so do I have any grounds for an appeal??

It's a maybe. If you didn't know you were getting laid off, and you quit your part-time job to focus on your full-time job, then you might very well get a pass on the 5 times your weekly benefit requirement. If it does become known that you knew you were getting let go and did a preemptive quit, you'll most likely get denied. Also, if you wrote an incorrect letter of resignation that gets submitted, it can come back to haunt you as well.

 

[jason19]

This can be a problem. CA requires that you earn 5 times your weekly benefit amount to be forgiven for the quit of your part-time job assuming it wasn't for "good cause."

Things that will factor into the decision are:

Did you know that you were getting laid off in a week from your full-time job?

WHY did you quit your part-time job?



It's a maybe. If you didn't know you were getting laid off, and you quit your part-time job to focus on your full-time job, then you might very well get a pass on the 5 times your weekly benefit requirement. If it does become known that you knew you were getting let go and did a preemptive quit, you'll most likely get denied. Also, if you wrote an incorrect letter of resignation that gets submitted, it can come back to haunt you as well.

Ok Thank you, I did already apply and I'm waiting to hear back. That's what I was thinking. In my resignation letter, I put that I was going to go to school (through California's Training benefits program) and I also stated that in my UI application. I was thinking that would've been my saving grace. I've heard something about UI postponing benefits for 5 weeks or something to offset the lack of weeks between the quit and the layoff. I've also heard that they might just eliminate the benefit I would've gotten from the part time job and calculate my benefit using just the full time jobs income during the highest paid quarter. I guess I'll just have to wait and start thinking about plan B. Thank you both again.

 

[Chyvan]

Your story is sounding worse.

In my resignation letter, I put that I was going to go to school (through California's Training benefits program) and I also stated that in my UI application. I was thinking that would've been my saving grace.

No, this makes it sound like you knew you were getting laid off. You can't possibly know you'd get into CTB until you get on UI and apply for the program, and are accepted.

Once accepted into CTB, then it's sometimes possible to get a pass on a quit assuming the job is unsuitable and you're required to focus on your training, but I think you were jumping the gun.

I've heard something about UI postponing benefits for 5 weeks or something to offset the lack of weeks between the quit and the layoff.

CA doesn't do this. You either get benefits, or you have to purge a disqualification. If you didn't earn 5 times your weekly benefit amount in that final week on your full-time job, then you might end up with nothing until you go back to work, earn the rest of the money, and have a new, qualifying separation.

I've also heard that they might just eliminate the benefit I would've gotten from the part time job and calculate my benefit using just the full time jobs income during the highest paid quarter.

CA doesn't do this either.

By quitting a week before you were laid off, this is the section you'll be dealing with http://www.edd.ca.gov/UIBDG/Voluntary_Quit_VQ_365.htm#QuittoAcceptOfferedSubsequentEmploymenthttp://www.edd.ca.gov/UIBDG/Voluntary_Quit_VQ_365.htm#QuittoAcceptOfferedSubsequentEmployment

http://www.edd.ca.gov/UIBDG/Voluntary_Quit_-_Table_of_Contents.htm

I suggest you study this guide and with what you've already written, you try to make the pieces fit. Quitting a job hoping to get UI without getting your stuff together is a tough sell.

In some states you have to guess about things, but CA lays it all out in the http://www.edd.ca.gov/UIBDG/ Benefit Determination Guide. Read it, get help with it, and greatly increase your chances at getting UI because you can collect the right evidence, and tell your story in a way most advantageous to you.

 

[jason19]

Thank you, This has helped so much. I've been looking for comprehensive info about California's UI system. I'll use it to help build my case. One more question, Can you direct me to where you found the info involving the thing you mentioned about having to earn 5 weeks worth of your weekly benefit amount between quitting your your second job and being laid off from the last. I received one full paycheck that is very close to 3/4 weeks worth of benefit amount. Also I received 2 weeks severance and other monies, does that count by any chance?? thank you again!

 

[Chyvan]

Can you direct me to where you found the info involving the thing you mentioned about having to earn 5 weeks worth of your weekly benefit amount between quitting your your second job and being laid off from the last.

https://workforcesecurity.doleta.gov/unemploy/pdf/uilawcompar/2017/nonmonetary.pdf the concept of quitting, and the requirements to purge starts at the bottom of page 5-9.

Then you can look up your state in the table. CA requires 5 X WBA.

I received 2 weeks severance and other monies, does that count by any chance??

Probably not, but if a UI worker makes a mistake you might get lucky having it count. The requirement is based on "earnings," as in money that you performed work to get. When you get a severance in CA, that's money, but because you didn't have to work for it, it doesn't count the same, and in this case, probably not at all.

 

[commentator]

You'd better hope nobody makes a mistake and counts it, because further on down the line, when it shows up as what it was, as in severance, versus actual wages for work performed, you could very well be found in violation of the earnings requirement and being tapped for unemployment fraud.

But don't worry, nobody's going to make that mistake, and if they did, the system would very quickly correct it. As I have said many times, the unemployment wage reporting system keeps exact track of what you are making from every covered employer in the state, how it is paid, what it is called and when it is paid. So a mistake is unlikely to happen.

It is going to come down to your having two employers, one of whom you voluntarily quit a few weeks prior to the other. And you'll have to work it from there.

Getting your case together isn't going to amount to anything, the agency will tell you what your case is, exactly when you quit receiving wages from one of the employers, what that employer says is the reason you left their employment, and what they will do about it, regardless of how many statutes you quote them. You can, of course file appeals if you don't like the decisions they make, but that's for the future. The truth is, you quit one job just before you were let go from the other job, you jumped the gun regarding your future plans and what you were going to do about retraining benefits, and they'll have to work it out within the system.

 

[FlyingRon]

Even if they don't allege fraud, they likely will come after you to repay benefits for which they now determine you aren't entitled. It won't be a defense that it was their error initially.

 

[jason19]

We'll see what happens. I correctly reported all of my income on the UI application exactly as it was, severance, mileage, etc. so there wont be any fraud, I was just asking if it counted toward the amount they were looking for me to make. In looking at the available info out there (thank you CHYVAN) though, it looks like California is a state that will only issue a VQ disqualification if you voluntarily quit the the last job you had prior to filing for benefits. They WILL look at previous employment in the base period to figure credits. When they send the forms out to all the employers in the base period, the job I quit will say I voluntarily quit and those credits will be removed and they will figure my benefit amount based on my wages from the full-time job, being it was the last employment held before the claim was filed.I held that job for 16 months prior to the lay off) They will figure previous employment in AK, AL, FL, IA, MD, MA, OH, MO, UT, LA, ME, VA, DC, SD, WV, KE and NE. All this said, I know nothing is guaranteed but I'm a bit more hopeful than before. I should get my decision in the next couple days and I will report back what happens. Thank you all for your input.

 

[Chyvan]

it looks like California is a state that will only issue a VQ disqualification if you voluntarily quit the the last job you had prior to filing for benefits

Where are you getting this? The only time that EDD confines itself to the LAST job is when you earn 5 times your WBA from that LAST job. When you do NOT do that, the 2nd to last job comes into play. It's so that people don't quit perfectly good jobs that they had for 20 years, and then get a temp job as a sign twirler in front of Liberty Tax for the tax season and then get laid off and try to collect UI.

In the alternate, it's so that people don't get fired for misconduct, then take a one-day temp job, and get laid off and collect UI.

those credits will be removed and they will figure my benefit amount based on my wages from the full-time job,

Again, where are you getting this? There's only like three states that remove wage credits: WI, CO, and NE. Then there's some others that only do it when you commit a crime in connection with your employment like NJ.

 

[jason19]

So its not that you have to earn 5WB BETWEEN quitting a job and being laid off from another, its that you have to have earned 5wb in your time at the job before your laid off in order to receive benefits from that job? I worked the full-time job for 16 months and the part time for about the same amount of time. that should fufil that requirement, yes?

 

[Chyvan]

5WB BETWEEN quitting a job and being laid off from another

It's this. You quit your part-time job, and then were laid off a week later. That's one-week's worth of wages, and I highly doubt it is 5 x your WBA.

 

[jason19]

Where is this provision? I cant find it anywhere.

 

[jason19]

Where are you getting this? The only time that EDD confines itself to the LAST job is when you earn 5 times your WBA from that LAST job. When you do NOT do that, the 2nd to last job comes into play. It's so that people don't quit perfectly good jobs that they had for 20 years, and then get a temp job as a sign twirler in front of Liberty Tax for the tax season and then get laid off and try to collect UI.

In the alternate, it's so that people don't get fired for misconduct, then take a one-day temp job, and get laid off and collect UI.



Again, where are you getting this? There's only like three states that remove wage credits: WI, CO, and NE. Then there's some others that only do it when you commit a crime in connection with your employment like NJ.

Here is where I got all the info I put in my response:

This is the basics of rulings and how they deal with employers in the base period and the last employer. scroll down to "rulings and the last employer" then down to "rulings and base period employer: http://www.edd.ca.gov/UIBDG/Miscellaneous_MI_40.htm

Scroll down to section 8 where it says :
Note that only the last employment at the time the claim is filed may result in disqualification. VQ and MC disqualifications are, therefore, issued as of the Sunday of the week in which the disqualifying conditions occur. VQ and MC are two of the four disqualifications that may have an effective date before the effective date of the claim; see also TOX and SW.

http://www.edd.ca.gov/UIBDG/Miscellaneous_MI_35.htm

This one is where it defines recent work under recent work: http://www.edd.ca.gov/uibdg/Voluntary_Quit_VQ_5.htm

I cant find where it states you have to work 5 weeks between the quit and the lay off. Can you please send a link for that one? Thank you