CA – Getting Unemployment Still Working Part Time Reduced Hours Availibility ?
Hello, I was laid off in july 2009 from my previous employer due to them outsourcing my department to another company (I was a personal trainer with them). I was then offered an accepted a job with the new company that had taken over the personal training department of my previous employer. But I applied for and was awarded unemployment due to outsourcing.
I reported all my weekly earnings on my continued claim form since they paid me a considerable amount less than what I was earning from my previous employer that laid me off. I have lost alot of the clients i used to work with and now for the past 5 months I have only been working 1 hour a week for this new company. I dont really want to take on any more clients and hours from them since i just want to find another full time job instead.
Five months ago my manager asked me if i wanted to pick up more clients and hours. I told him i didn’t want anymore and that i was looking for another job. Nothing was made in writing it was just in a casual conversation. He was totally fine with it at the time and had no objection to my answer.
On thursday i was informed that i need to file a new claim since the old one had expired on 2-28-10. I had to put my current part time employer down as my last employer. Can this new claim be denied since I had told my manager 5 months ago that i was not seeking any more hours from him and also there is no evidence of me saying that. If they were to ask me today i would accept those hours to avoid availability questions.
Also when i accepted employment with this company there was never any mention of how many hours are required for me to work since each employee has a varying amount of clients.
Thank you so much
this site is awesome
Thanks and yes, I can see a potential problem although I’m not really sure how it will all play out since you are still employed and will basically just be continuing partial benefits .. and I’m missing some information about wages.
New claims have new base periods. Therefore the employer now has a vested interest in you not collecting benefits.
So they may very well say that you are “refusing offered work”. Even though it is not written down anywhere that you know of .. whoever does respond .. might tell the state that you are limiting your availability for work.
I hope you haven’t limited your availability to the point that you do not have enough wages to qualify for the 2nd benefit year or that you limited yourself so much the WBA doesn’t amount to enough to buy lunch for the week.
It is also possible that your new base period may still have wages in it from your former employer .. and then the prior paragraph would most likely be irrelevant.
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