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socrateaser
socrateaser, Lawyer
Category: California Employment Law
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Experience:  Retired (mostly)
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I quit my full time job to take a part time job. I had been

Customer Question

I quit my full time job to take a part time job. I had been at my full time job for 10 years. I was laid off from my part time job after 2 months. Can I still get unemployment in California?
Submitted: 2 years ago.
Category: California Employment Law
Expert:  LawHelpNow replied 2 years ago.
[Due to a technical issue, some formatting including numbering and font features (underlining, bold, italics) has been removed from the following post. Our engineers are aware of the issue and working toward addressing it. I apologize for any difficulty in reading.]

 

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QUESTION: "Can I still get unemployment in California?"

 

ANSWER: Yes. I am sorry about your lousy luck, but the good news is that nothing you have described represents an absolute bar to collecting unemployment insurance benefits. Under California law, the basic eligibility criteria include being partially or completely unemployed (not through your fault), having enough wages during what is known as a "base period", and be able to work, looking for work, and willing to accept work. So, you have nothing to lose. Go ahead and file, and I hope your luck changes for the better from here onward.

 

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Customer: replied 2 years ago.
Do I need to have made a certain amount of money at the part time job, or worked there for a certain amount of time in order to collect unemployment insurance based on my previous job (since the base period would be based on the previous job and not on the job where I was laid off)
Customer: replied 2 years ago.
Relist: Other.
I have kids to get in bed and (lol!) just needing an answer is all. Not dissatisfied at all!
Expert:  socrateaser replied 2 years ago.
Hello,

Different expert here. (Edited by Moderator)

Please permit me to assist.

Unemp.. Ins. Code Section 1279 provides the maximum wages that a person can earn in part-time work and still be considered unemployed under the Code. In practice, the calculation requires that if you earn more than 75% of your weekly unemployment benefit amount, then you will be disqualified from further benefits and considered "employed." Since the maximum unemployment benefit is $450 per week, the maximum you can earn at part-time work is $337.50 per week.

Hope this helps.

NOTICE: My goal here is to educate the public about the law. Please help me in this effort by clicking Accept for my Answer to your Question. If you have a subscription account, clicking Accept does not create any additional charge. It merely gets me credit for my Answer.


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!

Expert:  LawHelpNow replied 2 years ago.

Hello again,

 

Thanks for writing back -- good to hear from you.

 

You are quite welcome-- my pleasure to be of service.

 

I will be glad to comment further -- please see below.

 

I have answered your question on the honor system, so I respectfully XXXXX XXXXX you click "Accept" Many thanks in advance!

 

QUESTION: "Do I need to have made a certain amount of money at the part time job, or worked there for a certain amount of time in order to collect unemployment insurance based on my previous job (since the base period would be based on the previous job and not on the job where I was laid off)"

 

ANSWER: You have posed an interesting question and one which can get to be a bit more complex than one would think at first blush. If I am understanding correctly, you are wanting to make sure about having enough wage credits during the governing base period(s). That is a very logical question, and in retrospect I wish I had better addressed it the first time around. A base period, under California law, is simply a certain 12-month span of time and basically works like this. First, it starts approximately 15 to 17 months prior to the date on which a claim is filed. If you are approved to receive benefits, the actual dollar amount you would receive on a weekly basis would be figured based upon the calendar quarter containing the greatest (highest) amount of earnings therein (accrued during the base period in question). Whew! Yes, it does get a bit involved, and I hope I am doing a decent job of explaining the concept. Ultimately, I would stick with my original comment to go ahead and apply. Truthfully, that is the only way to know for certain where you stand.

 

I absolutely understand that getting kids off to bed is the first priority, so please feel free to pick up our conversation at any time, if need, at your convenience.

 

Take care and thanks again for choosing JustAnswer®!

 

Expert:  socrateaser replied 2 years ago.
In Cal. Unemp. Ins. App. Brd. (CUIAB) precedent decision 278, the board determined that a claimant who voluntarily quits permanent employment to accept part-time employment, leaves work without good cause, and therefore, the base period amounts applicable to your claim would only be for the two months of your subsequent temporary employment.

My colleague suggests that you apply for benefits. I sympathize with his desire to provide you with a fully satisfactory answer. And, there is no economic cost in filing an unemployment benefit claim, so you have nothing to lose but some time in filing your claim.

Best wishes.

NOTICE: My goal here is to educate the public about the law. Please help me in this effort by clicking Accept for my Answer to your Question. If you have a subscription account, clicking Accept does not create any additional charge. It merely gets me credit for my Answer.


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!

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