How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask socrateaser Your Own Question

socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 34092
Experience:  Retired (mostly)
10097515
Type Your California Employment Law Question Here...
socrateaser is online now
A new question is answered every 9 seconds

"In CA, I stopped claiming UI benefits by not submitting the

Customer Question

"In CA, I stopped claiming UI benefits by not submitting the continued claim form. I worked part of the time as an outside contractor, a few hours here and there of accounting work (I am a licensed professional). It has been 10 wks or so since I last filed a continued claim form.
1. I would like to resume the same claim. What are the rules or requirements? Will I be denied or my claim closed because I just stopped making the continued claim form? What will I be required to do to reopen it?
2. Also, since I worked as an outside contractor will I have to give the company info? I don’t want them to know I’m on UI, they are too small to offer me FT work anyway. Will EDD contact them? ”
Submitted: 2 years ago via ExpertLaw.
Category: California Employment Law
Expert:  socrateaser replied 2 years ago.
The requirements for reopening a claim are found in the EDD Regulation that I have copied below. The basic issue is that EDD can deem you either entirely ineligible or impose a number of penalty weeks of nonpayment, for failing to file continuing claim forms (typically 10 weeks, including the weeks during which you did not properly filing claim forms).

The form to reopen is not available online (as far as I'm aware). You will have to contact EDD for directions on how to file.

Here is the regulation text for your convenience:

§ 1326-5. Reopened Claim for Unemployment Benefits -Filing and Contents.

(a) “Reopened claim” means an application which certifies to the beginning date of a period of unemployment:

(1) Which falls within a previously established benefit year, extended duration period, or extended benefit period, and

(2) Which follows any of the following:

(A) A period of one or more weeks for which the claimant failed to file a continued claim or partial claim and during which the claimant did not perform services in employment.

(B) A period of one or more weeks for which the claimant was ineligible for benefits for a definite period and for which continued claims or partial claims were filed, unless with respect to any week during such period, the claimant was ineligible for benefits pursuant to Section 1252 of the code or pursuant to Section 1279 of the code due to excessive earnings from services performed in employment that week. If the latter condition is met, an additional claim would be filed following the end of the period of ineligibility. (See Section 1326-4 of these regulations.)

(b) If a claimant who is unemployed wishes to resume or continue claiming benefits, and the conditions specified in subdivision (a) of this section are satisfied, a reopened claim shall be filed, except as provided in subdivision (c) of this section. The claimant shall file the reopened claim by contacting a department field or branch office. In filing the reopened claim the claimant shall, to the extent required by the department, set forth the information specified in subdivision (b) of Section 1326-2 of these regulations.

(c) Notwithstanding the provisions of subdivision (b) of this section, a reopened claim may not be filed by a claimant who is:

(1) Under a disqualification for a fixed period pursuant to subdivision (b) of section 1257 or 1261 of the code, unless he or she has appealed the disqualification pursuant to subdivision (a) of section 1257 of the code.

(2) Ineligible for benefits for an indefinite period pursuant to subdivision (a), (b) or (c) of section 1253 of the code or section 1253.3, 1253.4, 1255.3, 1255.5, 1256, 1262, or 1264 of the code, unless he or she has appealed the disqualification.

(3) Awaiting an eligibility decision by the department on a prior claim filed in the same benefit year or extended benefit period.

(d) If the claimant had a change of address during the benefit year of any regular claim or extended benefit claim, the department may require the claimant to provide proof of identity in accordance with the provisions set forth in Section 1326-3 of these regulations.

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 (“ToCustomerrdquo;), and the system will send me an alert. Thanks!



Customer: replied 2 years ago.
Sorry, that didn't really help or answer my questions. I guess I will just go to EDD and throw myself at their mercy...
Expert:  socrateaser replied 2 years ago.
If you need clarification, just ask, and I will provide the answers as necessary.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • LawTalk

    Attorney

    Satisfied Customers:

    933
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    933
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Attorney

    Satisfied Customers:

    857
    JD, 16 years experience & recognized by ABA for excellence in employment law.
  • http://ww2.justanswer.com/uploads/PI/PIExpert/2012-7-1_152453_Attorney.64x64.jpg Brandon, Esq.'s Avatar

    Brandon, Esq.

    Lawyer

    Satisfied Customers:

    332
    Has received a certificate of recognition from the California State Senate for his outstanding legal service.
  • http://ww2.justanswer.com/uploads/PH/phoenixrising119/2012-7-26_11214_043.64x64.jpg melissamesq's Avatar

    melissamesq

    Attorney

    Satisfied Customers:

    47
    Represent clients to maximum recovery in employment cases.
  • http://ww2.justanswer.com/uploads/IG/Iggy1001/2013-11-20_23344_JApic.64x64.jpg Joseph's Avatar

    Joseph

    Lawyer

    Satisfied Customers:

    3511
    Extensive experience representing employees and management
  • http://ww2.justanswer.com/uploads/JK/jkiani22/2013-11-18_15348_JacobKiani1copy2.64x64.jpg jkiani22's Avatar

    jkiani22

    Attorney

    Satisfied Customers:

    24
    Attorney
  • /img/opt/shirt.png Legal Counsel's Avatar

    Legal Counsel

    Lawyer

    Satisfied Customers:

    32
    California Licensed Attorney- 29 years- Wages, Hours, Overtime, Discrimination, Wrongful Termination.
 
 
 

Related California Employment Law Questions