California Employment Law
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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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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.
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