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socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 33561
Experience:  Retired (mostly)
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Hello Marsha, I had gotten in touch with you a while back about

Resolved Question:

Hello Marsha, I had gotten in touch with you a while back about my boss who had abused my trust with my personal information applying for cards without my authorization and not paying the last of my wages for over 7 months now. I would like to ask you a few questions about my options relating to that matter now that I have confronted him. Thank you
Submitted: 10 months ago.
Category: California Employment Law
Expert:  socrateaser replied 10 months ago.
Hello,

I observe from your other question that you are asking about California employment law. Marsha is not permitted to answer questions on this subject, so I have moved your question to the appropriate category, so that I may assist you further. Your question appears to be as follows:

This week will be my last week of work in Los Angeles. Home for me is New York. I am eligible to apply for Unemployment. I need to know if I should be apply in LA since I worked in LA full time, was paid in LA while with the company? Also what address should I use as a mailing address when submitting an online unemployment application? And what address should I put when it asks me if my residence address is the same as my mailing address? I will be leaving LA to go back to NY for good.

If you would please confirm that the above represents the substance of your concerns, I will be happy to answer.

Thanks in advance.
Customer: replied 10 months ago.

Thank you. The question I had for Marsha was completely seperate from the question that you have outlined above. The question I had for Marsha had to do with Identity Theft as she had helped answer my questions before.


 


The question about UNEMPLOYMENT BENEFITS, that was a 2nd question I had asked but not of Marsha specifically - I thought I had put it out to the general experts of Employment Law.


 


So am a bit confused - I had two very different questions - one related to Identity theft that was sent SPECIFICALLY to Marsha. And I had a 2nd question which was related to filing of Unemployment Benefits that was asked to the general experts for Employment Law.


 


I received an email refunding me the amount I paid for the question I asked of Marsha.


 


So am very confused now - please advise what I need to do to get these 2 VERY DIFFERENT questions answered by the respective lawyers?


 


THank you!

Expert:  socrateaser replied 10 months ago.
Oh.

I'm sorry. The fact that both questions appeared in employment law categories gave me the impression that you started with Marsha, she hadn't answered, so you opened a more detailed question concerning the same info in the California Employment law category.

At this point, if I may suggest, we can do the California Employment law question here, and you can just open a new question directed to Marsha again. Only this time, if you actually relate the identity theft issue in your new question, then no idiot (like me) will inadvertantly assume that the two questions are duplicative and then close one of them and move the other.

Does that work?
Customer: replied 10 months ago.

Sure I am happy to do what you have suggested. So yes we can go ahead and do the California Employment Law questions that I have. I didnt put all the questions that I had so will lay them out here


 


1) My last day of employment is this week 9/12 and I was advised to file for unemployment asap. However confused what address to use for mailing and as residence given that I will be moving back to NY in a couple of months. I have worked for an LA based company for the last 3 years. For 2 years I worked as a freelance consultant. And this last year of 2013 I worked for them as an employee. I worked on site at the LA office, was paid in LA and have paid both CA and NY taxes. Just needed to understand what "mailing address" address means on the form and what does it mean when it says is your residence address the same as your mailing address.


 


2) How long does the unemployment process take from start to finish before I see some money coming in? I was almost ready to file the form online but as I didnt know the answer to question 1 - I decided to wait until I knew exactly what information I needed to put.


 


3) Do I have to be physically present in CA to collect unemployment or do the government just deposit the moneys directly into my bank account?


 


4) Do I physically have to go to the labour department to pick up unemployment checks? And if so, I wont be able to do this in LA beyond November as I will be moving back to NY.


 


5) Is this just a one time filling of forms that I have to do or do I have to file something every week to get unemployment paid to me on a weekly basis?


 


6) Anything else that you think I should be aware of given the CA / NY issue?


 


7) BotXXXXX XXXXXne though I am in LA until end of October to wrap things up before I move back to NY - NY is technically my residence from next week onwards though I wont physically be in NY until early November.


 


8) do I need to prepare any documentation for the labour department to submit with application form?


 


I think that was the gist of all questions I had . . .


 


Thank you

Expert:  socrateaser replied 10 months ago.
1) My last day of employment is this week 9/12 and I was advised to file for unemployment asap. However confused what address to use for mailing and as residence given that I will be moving back to NY in a couple of months. I have worked for an LA based company for the last 3 years. For 2 years I worked as a freelance consultant. And this last year of 2013 I worked for them as an employee. I worked on site at the LA office, was paid in LA and have paid both CA and NY taxes. Just needed to understand what "mailing address" address means on the form and what does it mean when it says is your residence address the same as your mailing address.

 

A: Use your current address. When you return to NY, you will contact NY unemployment and ask them to transfer the case -- at which point you will provide a new address.

 

2) How long does the unemployment process take from start to finish before I see some money coming in?

A: You must wait one week to receive any benefits, regardless of when you file. Claimants are presumed to be entitled to payment, so the payments begin immediately. However, if you are later deemed ineligible, you could be subjected to an overpayment demand, and you will be forced to repay. Based on your comments, it appears unlikely that you would be deemed ineligible afterwards -- but, since it's possible for your employer to suddenly turn on you and claim that you were fired for some disciplinary reason, if you can avoid spending any of your claims awards for a few weeks, you may want to do so -- just in case.

I was almost ready to file the form online but as I didnt know the answer to question 1 - I decided to wait until I knew exactly what information I needed to put.

3) Do I have to be physically present in CA to collect unemployment or do the government just deposit the moneys directly into my bank account?


A: EDD will send you a debit card. That's how you get paid.

 

4) Do I physically have to go to the labour department to pick up unemployment checks? And if so, I wont be able to do this in LA beyond November as I will be moving back to NY.

 

A: See above.

 

5) Is this just a one time filling of forms that I have to do or do I have to file something every week to get unemployment paid to me on a weekly basis?

A: You must file a continuing claim form each week of unemployment.

6) Anything else that you think I should be aware of given the CA / NY issue?


A: No. The issue is pretty straight forward, and it happens all the time.

7) BotXXXXX XXXXXne though I am in LA until end of October to wrap things up before I move back to NY - NY is technically my residence from next week onwards though I wont physically be in NY until early November.


A: See above.


8) do I need to prepare any documentation for the labour department to submit with application form?

 

A: No -- not unless your employer files an appeal and tries to deny your unemployment benefits. At which point, you may want to get a copy of your personnel file. So, if you're moving back to NY, you may want to request the file now, before you leave.

 

Hope this helps.

Customer: replied 10 months ago.

Hi thanks for your response.


 


Just a couple more questions based on your answers.


 


1) If I use my current LA address as my mailing address and as my residence and then 2 months down the line contact the NY Labour Dept to transfer my paperwork - will my unemployment get disrupted as in CA will stop giving me unemployment and then once NY receives the paperwork and deems me eligible, NY will start paying me unemployment? Or while the papers are being transfered CA will continue to pay my unemployment until NY is ready to take over?


 


2) So basically if I file on my last day of work 9/12 - are you saying that by 9/19 I will receive unemployment from CA? I am not worried about my company turning on me as I have emails and paper trails stating that they are letting me go because they dont have the budget and nothing to do with my performance. But just incase you advise is sound that I should just keep the money in savings - how long do you suggest I keep it in savings before spending it? As in how long does it take the labour department to figure out if I am eligible or not? You state to avoid spending for a few weeks . . . does that mean 3-4 weeks or longer?


 


3) You said that EDD will send me a debit card. Does that mean every week when I file unemployment online, they will post mail me a debit card? And what happens when the case gets transfered to NY? Is it the same process in NY where I have to file unemployment every week and they will send me a debit card? Do this debit cards have an expiry date as in do I have to withdraw the cash from the card as soon as I get it or can I keep it for a few weeks (as you suggested I should avoid spending the money) and then withdraw the money once I am certain that I wont have to repay the EDD?


 


4) Can a continuing claim be filed online? What happens when I am back in NY and have asked for NY to get the papers transfered to them from CA - do I still during that waiting period file a continuing claim and will EDD continue to mail me the debit card?


 


5) Given that my last day of work is 9/12 - when do you suggest I file my unemployment claim?


 


Thank you.


 

Expert:  socrateaser replied 10 months ago.

1) If I use my current LA address as my mailing address and as my residence and then 2 months down the line contact the NY Labour Dept to transfer my paperwork - will my unemployment get disrupted as in CA will stop giving me unemployment and then once NY receives the paperwork and deems me eligible, NY will start paying me unemployment? Or while the papers are being transfered CA will continue to pay my unemployment until NY is ready to take over?

A: Every state has a recipirocal agreement with every other state. There will be no disruption, unless someone screws up -- which happens. But, as I said, this is actually pretty routine for the unemployment departments, especially between large jurisdictions such as CA and NY. So, I would not expect a problem.

2) So basically if I file on my last day of work 9/12 - are you saying that by 9/19 I will receive unemployment from CA?

A: No, you don't get any UI payment for your first week of unemployment. So, you're probably looking at around 9/26 for the first payment.

 

I am not worried about my company turning on me as I have emails and paper trails stating that they are letting me go because they dont have the budget and nothing to do with my performance. But just incase you advise is sound that I should just keep the money in savings - how long do you suggest I keep it in savings before spending it?

A: 30 days.

 

As in how long does it take the labour department to figure out if I am eligible or not?

A: You are presumed eligible at the moment you file. EDD will contact you firsts and ask questions. Then, EDD will contact the employer and ask questions. Then the investigator will look for any inconsistencies. If not, then that will end the inquiry, and your case will be approved. If there is a problem, you will be notified that your claim is denied, and you must then file an appeal. That will happen within the same two weeks that you are waiting.

 

You state to avoid spending for a few weeks . . . does that mean 3-4 weeks or longer?

A: 30 days.

 

3) You said that EDD will send me a debit card. Does that mean every week when I file unemployment online, they will post mail me a debit card?

A: No. One debit card, that will be reloaded with money each week of your claim.

And what happens when the case gets transfered to NY? Is it the same process in NY where I have to file unemployment every week and they will send me a debit card?

A: I don't know how NY handles claim payment. You'll have to inquire with the NY unemployment office.

Do this debit cards have an expiry date as in do I have to withdraw the cash from the card as soon as I get it or can I keep it for a few weeks (as you suggested I should avoid spending the money) and then withdraw the money once I am certain that I wont have to repay the EDD?

A: I'd withdraw the money -- I just wouldn't spend it right away. There's no expiration date, however.

4) Can a continuing claim be filed online?

 

A: Yes.

What happens when I am back in NY and have asked for NY to get the papers transfered to them from CA - do I still during that waiting period file a continuing claim and will EDD continue to mail me the debit card?

 

A: Once you apply for the claims transfer, you will file with NY. However, if timing is inconsistent, file the contining claim form with EDD, because the one thing that you do not want to do is not file a continuing claim form -- the system will automatically stop paying if there is no claim form in process.

 

5) Given that my last day of work is 9/12 - when do you suggest I file my unemployment claim?

A: 9/13.

Hope this helps.

socrateaser, Lawyer
Satisfied Customers: 33561
Experience: Retired (mostly)
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