California Employment Law
California Employment Law Questions Answered by Legal Experts
I guess I am confused because I received this letter after I was told that I was approved for a tier 2 extension and a new claim. I also received a new package with a new claim start date and a total amount of new claim. I did not earn 1300 dollars last year during any quarter within my claim year. I did work a very part time job and continued to claim unemployment during this job, but I reported all of my earnings to EDD on my claim forms and received adjusted claim payments according to the money made from my part time job. Could the $300 that I made over a period of three weeks effect my claim? I cannot provide proof that I earned 1300 during any quarter last claim year, as I did not make this. However this is what the letter asks for.
I already had an interview with a EDD rep, but about a different situation. I want to clarify that my claim expired 9/29/12, but since I am still unemployed I was able to file a continued claim that puts me into tier 2 of my extension. When I filed my claim after my old claim expired I was told that if we used the 9/30/12 date to file they would go back the last 18 months and find the highest quarter earnings and get the new benefit amount from this figure. I assumed this was correct as they usually do go back 18 months, but after I got this letter that said I needed to provide proof of earning 1300 in a quarter between 10/2/12-9/29/12 I was so confused. Should I call EDD about this because it said I had to provide this within 10 days of letter receipt? Is this a common mistake?
I did contact ask edd. This was their reply:
You had a prior Unemployment Insurance benefit claim. Benefits cannot be paid on your new claim unless you worked during the life of your prior claim. You must have earned at least $1300 as an employee in your highest quarter of earnings during the life of your prior claim, or earned at least $900 as an employee in your highest earnings during the life of your prior claim, and your total earnings during that same time period were at least 1.25 times that highest quarter amount. Under certain circumstances, monies paid by Disability Insurance and/or Workers' Compensation may be used to validate your claim. You have been asked to mail in copies of your proof of wages. Proof of wages should include your name, your Social Security number, the name of the employer, the amount earned, and dates worked. Please do not send original documents.
I am so discouraged, because I really want to believe that I have been approved for another extension, but this letter has me so worried.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).