The "lag test" requires that independent contractor/self employment work must be based upon the individual's election to have self-employment earnings made subject to the unemployment insurance laws, and the individual's contributions to the unemployment insurance system.
If you were employed as an independent contractor, and you did not elect to have your earnings subjected to the system, such that you made contributions to the system from your earnings, then the $1,880 in earnings would not be included in your base period earnings.
On the other hand, if you were to claim that you were actually a misclassified employee, and that your earnings should have been subjected to unemployment contributions, as well as other payroll taxes during the base period, and if EDD were to determine that you were in fact an employee and not an independent contractor, then your earnings would be included in the base period for unemployment insurance purposes.
The problem at this point may be that you never asked EDD to determine that you were an employee, rather than an independent contractor. I don't know, frankly, what would happen were you to file a payroll tax fraud claim this late in the process (see this link
). You don't really have anything to lose, and you could try to convince the CUIAB (California Unemployment Appeals Board) that it should consider additional evidence that you were in fact misclassified as an independent contractor. That's probably how I would handle it if I were representing you (assuming that I understand your current circumstances).
If you need help in determining what facts you would have to allege in order to prove that you were an employee, rather than an independent contractor, then see Form DE 38.
Please let me know if I can be of further assistance.
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