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Forum > Miscellaneous > Unemployment question is California ( Moderated by Deepika, EleanorSews, CynthiaSue)

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Unemployment question is California
friend needs expert advice!
Mrs.Moos
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Mrs.Moos  Friend of PR
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Date: 3/22/13 2:03 AM

Heres the scenario: my friend has worked at a job for several years. She wants to quit but needs the income. If she were to quit, then go to work at a job she knew was a temporary short term thing and would be laid off within a week or two, could she file for unemployment in California? If so, which employer would pay-the one she quit from or the one thast laid her off? We have Googled our brains out trying to find the answer for her but come up empty. Anyone?
ETA: this poor girl is not trying to "pull a fast one"-she is just in a really bad work atmosphere and trying to find a way out without going broke by having a lapse in employment and paychecks!
-- Edited on 3/22/13 9:58 AM --

jadamo00
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In reply to Mrs.Moos <<


Date: 3/22/13 6:10 AM

I see your dilemma. SAYS HERE

Individuals filing for unemployment insurance benefits in California must:
-- be unemployed through no fault of his/her own
-- have received enough wages during the base period to establish a claim

In your friend's situation, the job she quit would be released from their responsibility to pay her UI. In addition, she wouldn't have built up enough income from the second job to require them to pay much either. ON THE OTHER HAND, if she HAS earned a decent salary THROUGHOUT THE YEAR, it SEEMS like she should be eligible: but who's gonna pay it?

I think she's gonna have to make some phone calls.









-- Edited on 3/22/13 8:32 AM --

HanPanda
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Date: 3/22/13 7:42 AM

It seems your friend needs the expert advice of an unemployment attorney. :/

------
2014 resolution: keep track of sewn yardage!! I'm subtracting fabric given away from my yardage in. Yeah!
In: 93 yards
Sewn: 57 yards

I'll try anything once :)

Please excuse my typos...sometimes it is harder to go back and edit on mobile than it is worth!

Mrs.Moos
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In reply to HanPanda <<


Date: 3/22/13 9:55 AM

Quote: HanPanda
It seems your friend needs the expert advice of an unemployment attorney. :/

I wonder if they could do a consult for her just to answer this question. I Googled "unemployment attorney" and it seems there are a lot of them that are similar to the "ambulance chasers" that advertise on TV.

She is trying to save her pennies so I will leave this post up a while longer and see if anyone has the answer for her. I keep telling her she should take up sewing so she could benefit from forums such as this
HanPanda
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In reply to Mrs.Moos <<


Date: 3/22/13 10:47 AM

See if there is a local law school that has a clinic that might take her on, at least for advisement purposes. It gives the students experience working with clients and gives the clients free legal care.

Otherwise, yes, the attorneys should be willing to just give her a consultation. However, she will have to pay for that attorney's time. You may have better luck finding one that doesn't smack of "ambulance chaser" by asking through the grapevine and looking up attorneys in the yellow or white business pages.

------
2014 resolution: keep track of sewn yardage!! I'm subtracting fabric given away from my yardage in. Yeah!
In: 93 yards
Sewn: 57 yards

I'll try anything once :)

Please excuse my typos...sometimes it is harder to go back and edit on mobile than it is worth!

purplebouquet
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Date: 3/22/13 11:50 AM

Can't she call her local unemployment office and find out? The county extension office also provides general information about workers' rights as does the Attorney General's office.

Claudia

quiltingwolf
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In reply to Mrs.Moos <<


Date: 3/22/13 11:55 AM

unfortunately unless she's being sexually harassed etc. Not sure the grass is going to be greener anywhere else she goes. Employers all have the upper hand now with the economy the way it is and some have just taken it as a license to treat people badly. Not sure how old your friend is but if she's older she might just want to stay put unless she can find another real job. As if she's older she may have a lot of trouble doing that. Employers aren't hiring older workers for a list of reasons. One big one, now as it will raise their health insurance rates and now the government is requiring employers over 50 employees to carry some kind of health insurance and it's based on avg age of workers, older workers higher health rates. It is discrimination but usually you can't prove it. Also not sure they could consider a temp job for basis for unemployment unless you could prove you weren't hired as a temp. I think she may have a hard time getting unemployment.

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NM gal
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Date: 3/22/13 12:02 PM

Boy I have to agree w/ Quiltingwolf.... people are being worked to the bone. I think a solution is to start up a business of some kind first while she's till employed.

Deb Fox
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In reply to jadamo00 <<


Date: 3/22/13 1:23 PM

Would it depend on what the base period is? In some states is calendar year, or number of months prior, such as CT, which goes back 36 months to determine benefits, no matter how many employers you have had. I quit my job in CT, moved to Vermont, but then got laid off from the new job. They counted back to my previous job in CT to determine my benefit.

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Deb: www.thinkingcouture.blogspot.com

poorpigling

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In reply to Mrs.Moos <<
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Date: 3/22/13 11:18 PM


Best sceanrio here would be for her to simply find employment before quitting her job.. Unsmployment checks can take weeks to get started anyhow.. and do not last forever..
And the answer is NO.. She could not collect Based on what I read here.. I think the puzzle piece of this jigsaw is how she would know her new job would be a temp situation.. that could make a difference..

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