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Tina
Tina, Attorney
Category: California Employment Law
Satisfied Customers: 31910
Experience:  JD, 16 years experience & recognized by ABA for excellence in employment law.
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I worked as a sole proprietor and employee in 2011. I have

Resolved Question:

I worked as a sole proprietor and employee in 2011. I have now been laid off and want to collect UI. Can I elect to pay DEIC and then collect UI. If not, then can I delay filing for UI until 1/1/2012 so that another quarter of my w2 earnings gets included in the UI benefit calculation?
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Tina replied 2 years ago.
Hello and welcome,

Sole proprietors are not required to pay unemployment insurance and cannot typically elect to do so, so you would not be eligible to receive benefits through your company.

You can delay filing for UI until January so additional earnings are reported. However, the delay will cause you to forfeit all benefits you would have received prior to applying for benefits since the commission will not typically grant benefits retroactively.

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Customer: replied 2 years ago.

Excellent. Thanks! Just to confirm my understanding:

I'm trying to maximize my UI benefit.

The simple solution:

1. If I wait until 1/1/2011 to file a UI claim (even with a term date and last day worked of 10/20/11), then the only down side will be no retroactive benefits. However, I will have a new base period based on the 1/1/12 claim date. The base period would include the months sept/aug/july 2011. This would significantly increase my monthly benefit. Correct?

 

The other possible solution:

2. 1099 work - 2010 to June 2011 I worked as a contractor. In june 2011 I was hired as an employee by the company from which I was terminated on 10/20/11. I am thus eligible to collect a benefit through them (a self-insured nonprofit corp). However, only 2 weeks of my EE earnings would be included in the benefit period. I would like to include my 1099 earnings in the benefit calc. If I now apply for elective UI/SDI coverage (DIEC), then will my 1099/sole proprietor earnings be included in the calc? I had sufficient net earnings in 2010/11 to qualify. I'm a licensed CPA, which I think meets "professional license" requirement. Worth the effort?

Expert:  Tina replied 2 years ago.
Yes, your base period would typically include another quarter of earnings if you wait to apply until the next quarter.

The DIEC program permits self-employment individuals to elect SDI coverage so they may obtain disability benefits if they are unable to work due to illness but does not include unemployment benefits.

Here is a link that provides more information on this program:

http://www.edd.ca.gov/pdf_pub_ctr/de8714cc.pdf
Tina, Attorney
Satisfied Customers: 31910
Experience: JD, 16 years experience & recognized by ABA for excellence in employment law.
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