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socrateaser
socrateaser, Lawyer
Category: California Employment Law
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Experience:  Retired (mostly)
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Hi,If someone is getting UI, can he/she still get a part

This answer was rated:

Hi, If someone is getting UI, can he/she still get a part time job? or to be on low income and get UI.


 


Thanks


 


If yes, then what should be the limit of the income from part time job, in order to still collect the UI

Under Ca Unemployment Code 1252(a), an individual is "unemployed" and entitled to benefits, in any week in which he or she meets any of the following conditions:

  • Any week during which he or she performs no services and with respect to which no wages are payable to him or her;
  • Any week of less than full-time work, if the wages payable to him or her with respect to the week, when reduced by twenty-five dollars ($25) or 25 percent of the wages payable, whichever is greater, do not equal or exceed his or her weekly benefit amount;
  • It is not the indivdual's first week of unemployment and the individual becomes ill or injured during the workweek;
  • Any week during which he or she performs full-time work for five days as a juror, or as a witness under subpoena.

Fall within the scope of any of the above factors, and you are entiteld to continuing unemployment benefits (reduced by any wages actually received).

Hope this helps.

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Customer: replied 5 years ago.

Hi Socrateaser,

 

What if the person wants to continue higher education, MS degree for example, in this case does he/she be qualified for UI benefits.

How about non credit classes to gain skills in this case will the person be still eligible.

 

Thanks,

The issue of eligibility is not based upon attendance in school, but rather upon the claimant's availability for work.

If the claimant meets the criteria to restrict to part-time work under Unemp. Ins. Code 1253.8, no further investigation is necessary. The claimant will be approved for part-time work, if all of the following are true:

  • The claim is based on the part-time employment.
  • The claimant is actively seeking and is willing to accept work under essentially the same conditions as existed while the wage credits were accrued.
  • The claimant imposes no other restrictions and is in a labor market in which a reasonable demand exists for the part-time services he or she offers.

If the claimant does not meet the criteria to restrict to part-time work under Unemp. Ins. Code 1253.8, then the claimant’s eligibility must be adjudicated under Unemp. Ins. Code 1253 (c), which provides, "An unemployed individual is eligible to receive unemployment compensation benefits with respect to any week only if the director finds that: (c) He or she was able to work and available for work for that week."

In other words, a claimant whose claim accrued as the result of full-time work, must not accept an educational circumstance which clearly and convincingly removes the claimant from the labor market. The claimant must be prepared to abandon school to accept full-time work (and, where the claimant has incurred a substantial tuition cost, there will be an inference that this is not true), or (and, this is probably the most likely factor that would maintain UI benefit eligibility) the claimant's school committment must be such that it does not interfere with the claimant's ability to accept full-time work (e.g., night school).

Hope this helps.

NOTICE: My goal here is to educate others about the law. I am always available to answer your follow-up questions after you click Accept – however, if you do not click Accept, the website gets paid, and I receive nothing. This is true, even if you are on a subscription plan. So please click Accept, so that I will be able to continue to provide this service for others in the future.


And, if you need to contact me again, please put my user id on the title line of your question (“To Socrateaser”), and the system will send me an alert. Thanks!


socrateaser and other California Employment Law Specialists are ready to help you

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