Unemployment Benefits Extension and Contract Work

Hi,

I have few questions I would like to ask. I live and work in California. I was let go by my company in June 2009 (after more than 6 years). I received maximum UIB and it will be exhausted by the end of the year. I've been trying to find job but haven't gotten any luck so far.

My questions:

1. I read from EDD website that first and second extension will be extended automatically. Can somebody verify this? Is there anything I should do? Will I receive the same amount as my current UIB? Since this will be my first extension, I'm quite nervous because I don't want any lapse time between UIB I currently receive and the extension, as it's already hard on us.

2. I'm looking at a job. The job is a contract job, on 1099 and last for 6 months only. Will this have any effect when I file for UIB once the contract ends? Will I still be able to get UIB? Should I accept the job if offered?

Thank you in advance for all your help.


Hi,

I certainly understand your concerns.

I've have been getting a lot of questions about extensions, but as I've said .. it's an area I just don't have much experience in because the extensions we are experiencing currently are unprecedented.

I would like to take this opportunity to invite anyone out there with some experience getting California unemployment extensions to jump in here and discuss this.



But I can form some questions based on what I have been hearing, which would be of concern to me if I were in your position.

1. I would want to verify that if I took a 6 month 1099 position that it would be in what CA considers covered employment or if it would be considered self employment.

This could be important because even when you are collecting extensions a new benefit year needs to be established when the previous one ends .. I believe.

The question I have is if you are working at the time a benefit year ends and therefore unable to file a valid claim .. what happens when that temporary employment ends and it wasn't covered employment (meaning an employer was paying UI taxes on it). You might not be able to qualify monetarily for another unemployment claim.

I've also heard from people that extensions have different qualifying formulas which could be a problem irregardless it the temporary employment was covered or not.

I wish I could reassure you, but it's all very confusing and the information out there is limited.

So here's a couple links to some other websites that may help you find more information on the subject.

NELP

OpenCongress.org

Chris

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Mar 17, 2010
uemployment benefits for a strike job
by: Anonymous

My question is this: I am thinkin of taking a strike job at a hospital soon. But here's where I think the government is trying to hang me:

Once you take that strike position (for approximately 1 week) but you make close to $4k, does that cancel out your claim? I am on my 3rd extension and dont know if making that kind of money is going to a)- start my claim status over again or b) cause me to not be able to get back on unemployment due to all of the hidden rules behind the extensions. THAT BENEFITS BOOK GIVEN TO US AT THE INITIAL TIME OF UNEMPLOYMENT IS ONLY WHAT THE GOVERNMENT WANTS US TO KNOW! someone mentioned that there are formulas for all this mess, but we are not made aware of what they are or how to figure them out. my biggest fear is calling the unemployment office, asking them about this situation i'm dealing with and having them FLAG my benefits account and cause me to later be denied for benefits all because i wanted to take a chance on finding some work. the government is very sneaky, but inconsistent with their laws that dont even apply or work with our current recession times.

UNEMPLOYMENT DOESNT LAST FOREVER!

p.s. i hate being on welfare. i dont like to live off the government and i believe in payin my own way! i am a degree holding person who cant get hired in MY field NOR burger king right now! i've tried both ends of the spectrum as well as the in between.

very frustrating.



Hi,

This is Chris at Unemployment-tips. I can't explain extensions any better than the next person, but I can tell you that you should read the statutes for your state about taking a job which is to replace striking workers.

It might calm your nerves enough to go ahead an call the unemployment department and ask them the questions about your benefits.

Feb 21, 2010
Unemployment benefits extensions and contract work
by: Anonymous

Hello, just to let you know what happened with my case. The day after I wrote on this page, I called unemployment to gather information. I was ready to start filling out the appeal sheet, etc.
When I called unemployment, the first person who answered was not very helpful, he said, just appeal, and "we have already sent you all the information that you need". Well, I was not satifsfied with the answer and his attitude so I called again, and a very nice lady answered. She looked at my record and said "just disregard the letter you received", you will be receiving a check for some of the weeks we didn't pay you while we were investigating your case (for the 1099 work), and we will send you in a separate mail the paperwork to fill out for the weeks that we had not send you benefits. Please fill them out asap so you can get your retroactive benefits ????/ what????/ So, I asked her if she was sure about that. She said "yes, just disregard the letter"..... I don't know what was all that about. After I reported the 1099 payment I had received, they stopped paying me for 1 month, they called twice to "investigate" the case, to see if I was a "self-employed" individual, and then they denied my case and told me to appeal if I didn't agree with the decision, then they told me to "disregard" that letter.....and then in fact they sent me a check for 1 week and the past sheets for me to filled-out the other weeks....I am waiting for the 2 checks they didn't pay in January!

Wow, I am grateful that I received my benefits back, but now I am sure, I will not be accepting any contracting 1099 job until my benefits end, I don't want to jeopardize my benefits for a temporary income. I don't think it's right. I think the state should encourage everybody to find any kind of income generating position, (regardless if you are paid with a 1099 or a W2).

Thank you for trying to help me with the appeal, but now I am grateful I don't have to do it!!!



Wow, what a relief ..

You're right, they should be glad that people are taking any work they can find.

I find it baffling how many people tell me they get a different answer if they talk to more than one person at the state .. and there's no excuse for rudeness or incorrect information.

Glad to hear things worked out.

Feb 11, 2010
Unemployment benefits-contract work
by: Anonymous

I was laid of April 2009, received unemployment for the 1st 6 months, then, extension was almost automatically. Continued receiving unemployment until an opportunity arose to make $2,000 in a period of two months doing some contracting job (was going to be paid in a 1099). I reported the earning weekly but that put a flag and to make the story short (after two phone interviews), I just received a letter that my claim has been denied! I am so upset because the contracting job was an opportunity to make money and I thought that was going to help me extend my benefits (they short paid my checks for those weeks). It has been determined that I am an independent contractor, but the strange thing is that in the letter they sent me, they are mentioning 4 Qtrs of earning in 2008, and they are mentioning the name of the person that paid me, not the employer I work for on those quarters (the one that laid me off). I don't know what to do, I want to appeal the case, but would like some guidance. In the letter they don't really explain much, but under "Appeal Rights" they noted: "Your request for further recomputation is denied. You may appeal the denial to an Adminst. Law Judge of the California Unemployment.... within 20 days from this notice". What should I do?




Answer: California monetary eligibility issue and where to find out if you are actually self employed or an independent contractor.

Hi Anonymous,

Here's a good rule of thumb when it comes to unemployment appeals and you aren't certain how to fight it.

Write the appeal to save your appeal right. The letter doesn't need too much detail at all.

Normally, when a person is unsure, the safest bet is for the appeal just to contain your disagreement with the determination and include all the information the state needs to identify who you are and what determination you are appealing.

Then start exploring the issue and gathering up any documents you will use.

My concern is whether extension benefits have different requirements for adjudicating than state benefits do. I'd appreciate it if you'd let us all know what your appeal decision says .. when you get it.

My first stop would be the CA benefit determination guide
.

If the determination was made because the state has their facts wrong about who you worked for and when you worked for them .. gather up everything you need to prove you still have a valid claim based on "covered employment".

Click on "total and partial unemployment" and then the sub information of "services performed" when you get to the guide.

Documents that would be helpful to gather up to show the error about the wages in 2008 are income tax returns and or paystubs.

Hope this helps.

Chris

Dec 08, 2009
Thanks
by: Anonymous

Thanks Chris, appreciate your comments. Anybody else have this kind of experience and care to share? Thanks.

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