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LawTalk
LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 27889
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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Hi there - I need to re-open my unemployment claim in California

Customer Question

Hi there - I need to re-open my unemployment claim in California after contracting (1099) for a couple weeks. How I list my contract job on the application? Do I list it as my last employer or keep the last employer as the company that laid me off initially?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  LawTalk replied 1 year ago.
Good afternoon,

I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. When you took the independent contractor position, did you report the income earned to EDD or did you just stop filing the weekly certification?

Doug
Customer: replied 1 year ago.

Thanks Doug. I just stopped sending in the weekly certification.

Expert:  LawTalk replied 1 year ago.
Good afternoon,

Thanks for the additional information.

Typically, you can reopen an existing unemployment claim by simply filing a weekly certification online or by phone -- just like you did every week when you receiving unemployment previously. Have you tried this method yet?

Doug
Customer: replied 1 year ago.

Thanks Doug. I have not yet. I understood that I had to go through the whole application once again to re-open my claim.

Expert:  LawTalk replied 1 year ago.
Good afternoon,

If you have only been a couple of week without unemployment benefits, then EDD allows you to typically just file the certification like you did before.

Here is a link to the EDD site explaining how to re-open your claim after a short period of not making the claim:

http://www.edd.ca.gov/unemployment/Ways_to_File.htm


If for some unforeseen reason EDD requires you to refile---which should not happen so long as you are in your original year of claim (meaning that you applied for unemployment less then 12 months ago), then you would not list the client you worked part time for as an employer. Technically you were self employed.

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

I wish you the best in your future,

Doug
Customer: replied 1 year ago.

Appreciate your help, Doug.


 


If I do need to fill out the application again to re-open, I my employer that laid me off under "last employer", but where or how would I disclose the 1099 contract job on the app? Would I not disclose it on the application since it wasn't an employer?


 


Thank you,


Jo

Expert:  LawTalk replied 1 year ago.

Hi Jo,

You didn't have an employer for those 2 weeks, you were working on your own. Here is a link to the form that you would use if you were applying to re-start your benefits, and you will note that it specifically states that you are not to report self employment income. See reminder at top of page 5:

http://www.edd.ca.gov/pdf_pub_ctr/de1101i.pdf


You may reply back to me using the Continue the Conversation or Reply to Expert link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please remember to rate my service to you when our communication is completed.

I wish you the best in 2013,

Doug

Expert:  LawTalk replied 1 year ago.

Good afternoon Jo,

 

Here is a link to the form that you would use if you were applying to re-open your benefits, and you will note that it specifically states that you are not to report self employment income. See reminder at top of page 5:

http://www.edd.ca.gov/pdf_pub_ctr/de1101i.pdf

 

Doug

 

Customer: replied 1 year ago.

Very good - thank you for finding that. So, my list of employers will be identical to my initial application.


 


One last point of clarification, on page 4 question 20, do I need to disclose self-employment - or my 1099?

Expert:  LawTalk replied 1 year ago.
Good afternoon Jo,

Yes, the list of employers would be the same. It is essentially as though you took a couple of weeks off to go on vacation. You wouldn't be eligible to collect unemployment while you did that either. You would simply pick up where you left off when you got back from your travels---having not certified the weeks you were gone.

Thank you for your kind words. They are appreciated. Please keep in mind that until you rate me highly for my service, I will not be credited with helping you.

Thanks again.

Have a great day,

Doug
LawTalk, Attorney
Satisfied Customers: 27889
Experience: I have 30 years of experience in the practice of law, including employment law and discrimination law.
LawTalk and other California Employment Law Specialists are ready to help you
Expert:  LawTalk replied 1 year ago.
Thank you for your positive rating of my service, Jo. It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should a future need ever arise.

Please feel free to bookmark the following link so you can request me to answer any future legal questions you may have:
http://www.justanswer.com/law/expert-lawtalk/

Thanks again.

Doug

When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (9-10) there as well. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

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