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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 11249
Experience:  Significant experience in all areas of employment law.
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Can I get clarification: If someone is hired for a 3 month

Customer Question

Can I get clarification:
If someone is hired for a 3 month postion, they were informed in writting, and they were put on payroll for those 3 months; would they be eligble to draw unemployment from us even though the postion was only offered for 3 months?

Or would this person need to be as an independent employee (1099)?
Submitted: 4 years ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 4 years ago.
Hello and thank you for entrusting me to answer your question.

Independent contractors are not eligible to receive unemployment benefits. Assuming the worker is an EMPLOYEE, not an independent contractor, they would be eligible for unemployment benefits following termination from a temporary job assuming that they met all the basic requirements for eligibility.

Generally speaking, an employee will be eligible to receive benefits provided that they have received enough wages during the "base period" to establish a claim (either $1300 in one quarter of their "base period," or at least $900 in their highest quarter and total base period earnings of 1.25 times their high quarter earnings), they are physically able and available to immediately accept work, actively seeking work, and unemployed through no fault of their own.

For an explanation on what a "base period" is, visit this link: http://www.edd.ca.gov/uibdg/Miscellaneous_MI_15.htm#BasePeriod

I sincerely hope that this information helps you and I wish you the very best of luck. Bear in mind that none of the above constitutes legal advice nor is any attorney client relationship created between us.

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