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Category: California Employment Law
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Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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Benefits Eligibility while having a side job/business

Resolved Question:

Hello. I have just been recently laid off from my full time job due to the company closing down effective Dec 31st 2012. I have been working full time for the company since February of 2010. During sometime last year in May 2011, a partner and I started a business selling online. We do this on evenings and weekends and never affected my full time job. I worked my full time job until last month since 2010. I filed for unemployment insurance with EDD. There was a question on the form that states something like, "do you own or will own a business...etc." I answered truthfully.  However, I need a full time job, I am looking for full time job and willing to accept one. Last week I received a letter of "notificiation of unemployment insurance benefits eligibility interview."   Will my side job/business affect the approval/disapproval of my claim? Thank you!

Submitted: 1 year ago.
Category: California Employment Law
Expert:  LawTalk replied 1 year ago.

Good morning Marva Mae,

I'm Doug, and I'm very sorry to hear of your situation.

While having a side job will not mean that you are ineligible for unemployment benefits based on having lost your full time position, the income you earn working part time for yourself must be reported to EDD every time you re certify and depending on the amount you earned that week, your benefits may decrease.

You may reply back to me using the Continue the Conversation or Reply to Expert link if you have additional questions; and if you do, I ask that you please keep in mind that I do not know what you may already know or with what you need help, unless you tell me.


Please remember to press the smiley faces/stars on the right of your screen when we are finished with our communication so I will be credited for my time in assisting you. Kindly remember to ONLY rate my answer when you are fully satisfied. If you feel the need to rate anything less than OK, please stop and contact me with whatever issue or clarification you may need. I will be happy to continue further and assist you until I am able to address your concerns to your satisfaction.

I wish you the best in 2013,

Doug

Customer: replied 1 year ago.

Hi Doug,


 


Thanks for the quick reply. So CA is one of several states that will deduct your weekly earnings if you report income from a side job/business? Even if I had worked full time for 3 years and earned enough income in the base period? Thank you for the help.

Expert:  LawTalk replied 1 year ago.
Good afternoon,

Actually Marva Mae, all states have some sort of a set-off if you earn income from self employment at the same time you are receiving unemployment benefits. Even though you worked full time in your "day job" and earned more than enough in your base period to qualify for unemployment, there is still an obligation to report your self employment income. And there will be an offset from your benefits because of that self employment income---I'm sorry.

You may reply back to me again, using the Reply to Expert link, if you have additional questions.

Until you rate me highly for my service, I will not be credited with helping you. Would you please rate me now, based on my assistance to you in understanding the law.

I wish you the best in 2013,

Doug
LawTalk, Attorney
Satisfied Customers: 27986
Experience: I have 30 years of experience in the practice of law, including employment law and discrimination law.
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