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Joseph
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Category: California Employment Law
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I am located in CA. I lost my job last year (june 2013) and

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I am located in CA. I lost my job last year (june 2013) and collected some unemployment benefits - a few weeks worth. I then opened an one person LLC and got a 12 months contract that is ending just now. Can I collect any unemployment benefits?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.
Hello,

I'm sorry to hear about your situation and hope I can help.

My name isXXXXX am a licensed attorney, and my goal is to provide you with excellent service today.

I need a bit more information from you before I can proceed to provide you with a complete and thorough answer to your question.

Did you pay yourself a salary through the LLC as an officer where you deducted EDD unemployment taxes?
Customer: replied 1 year ago.

Hi,


 


My LLC is a single member one and I pass through directly earnings and expenses - like a sole proprietorship. So no I do specifically pay or deduct EDD.


 


I am/was hoping that I could claim "against" my previous employer contributions. I was looked and only claimed 5 weeks of EI last year, though.


 


Thank you,


G.


 

Expert:  Joseph replied 1 year ago.
Hello,

No, unfortunately, your claim would be based on your earnings in the past 12-15 months and wouldn't pass through your time working as an LLC.

EDD will very rarely make exceptions for those who are disabled and were unable to work, but since you were working, just as an LLC, I'm afraid that you wouldn't be able to receive unemployment benefits.

You would be required to open a new claim at this time, and your base period would begin in July 2013 so you wouldn't have any earnings in your base period.


I realize the above information is not what you wanted to hear and I sincerely XXXXX XXXXX had better news to give you, but I hope you appreciate an honest and direct answer to your question. It would be unprofessional of me and unfair to you to provide you with anything less.

Please let me know if you have any follow up or clarifying questions as I want to ensure that you are completely satisfied with my service. Please contact me first if you are contemplating leaving me a negative rating, as I’ll be happy to continue to address your concerns until you are completely satisfied with my service.

If not, please remember to rate my answer positively so I get credit for my work.

Thanks and best of luck!

-Joseph

Joseph, Lawyer
Satisfied Customers: 5146
Experience: Extensive experience representing employees and management
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Joseph
Joseph
California Employment Lawyer
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Extensive experience representing employees and management