How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Phillips Esq. Your Own Question
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: California Employment Law
Satisfied Customers: 18831
Experience:  B.A.; M.B.A.; J.D.
16551887
Type Your California Employment Law Question Here...
Phillips Esq. is online now
A new question is answered every 9 seconds

I have an issue with EDD ui benefits I got disqualified and

Customer Question

i have an issue with EDD ui benefits I got disqualified and it says i need to work and ear 2250 in bona fide employment which i recieve renumeration up to in excess of 5 times my weekly benenfit
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Phillips Esq. replied 1 year ago.
Hello: This is PhillipsEsq. I am a licensed Attorney and I will be assisting you today.
i have an issue with EDD ui benefits I got disqualified and it says i need to work and ear 2250 in bona fide employment which i recieve renumeration up to in excess of 5 times my weekly benenfit
Optional Information:
State/Country relating to question: California
What have you tried so far?: I am just curious I drive for uber and wonder if my income counts as bona fide

Response: Yes. If you work for UBER, your income is a bona fide income.
Customer: replied 1 year ago.
But I don't work for uber I'm a 1099 or partner driver. So I am wondering if that counts. 1260. (a) An individual disqualified under Section 1256, under a
determination transmitted to him or her by the department, is
ineligible to receive unemployment compensation benefits for the week
in which the act that causes his or her disqualification occurs and
continuing until he or she has, subsequent to the act that causes
disqualification and his or her registration for work, performed
service in bona fide employment for which remuneration is received
equal to or in excess of five times his or her weekly benefit amount
This letter I got is referring to the time I did not apply for benefits 5-14 thru 6-14.
The truth is I m honestly not trying to ride out my Edd benefits
I just counted on the four to six weeks i was not making moneyI rec'd. An award of 13000 or close to it some 450 a week minus 25 for every 100 earned while not working full time
Now one last thing
See this. ...Code 1259. 1259. Notwithstanding any other provisions of this division, no
work or employment shall be deemed suitable and benefits shall not be
denied to any otherwise eligible and qualified individual for
refusing new work under any of the following conditions:
(a) If the position offered is vacant due directly to a strike,
lockout, or other labor dispute.
(b) If the wages, hours, or other conditions of the work offered
are substantially less favorable to the individual than those
prevailing for similar work in the locality.
(c) If, as a condition of being employed, the individual would be
required to join a company union or to resign from or refrain from
joining any bona fide labor organization.
(d) If the offer of employment is from an employer who does not
possess an appropriate state license to engage in his business,
trade, or profession if required by state law.
(e) If the offer of employment is from an employer who does not
carry either workmen's compensation insurance or possess a
certificate of self-insurance as required by Division 4 (commencing
with Section 3201) of the Labor Code.
(f) If the offer of employment is from an employer who does not
withhold or hold in trust the employee contributions required by Part
2 (commencing with Section 2601) of this division for unemployment
compensation disability benefits and does not transmit all such
employee contributions to the department for the Disability Fund as
required by Section 986I'm trying to appeal my disqualification
Mainly because I did walk off my job
But I was trying for a year to correct or fix a matter that had been ongoing for almost 2 years. I do not want to quit I stated this numerous times in email and in meetings with the 2 owners (one of which offered to help me into a different position but quickly changed his tune and literally avoided me for months (it was ridiculous). I was being physically harassed by the plant mgr who over 6 yr period violated company policy by licking annoying emailing (dirty or just plane gross photos of dicks and phalic symbols with my name on it or would print them out and place them under my key board . He also punched my head unprovoked more than 2 times ( he would claim he didn't know he used. Such force when I asked my supervisor step in. He would say . Stop fighting back .... But if u didn't he would stick his tongue in your ear or lick your head leaving saliva trails . Toward the end I was so upset I walked out and emailed the owners and shortly after for the final 5 months was given the silent treatment ignored I mean to my face daily until I lost it and straight out asked if I was supposed to quit . Just typing this message raises my blood pressure and I feel cheated humiliated harassed accused and I was an outstanding employee
My only fault is my divorce caused financial problems that at times caused me to be stressed out off and on but nothing daily more like 3 times a year but eve that was looked upon as me being to demanding or hard or irresponsible .
I just want my damn benefits that I deserve to keep up while trying to find something else
But I'm slowly falling more and more behind and it's getting tougher and tougherWhat do I do?!??
Beau LeBaron(###) ###-####***@******.***
Expert:  Phillips Esq. replied 1 year ago.
But I don't work for uber I'm a 1099 or partner driver. So I am wondering if that counts.
Response: California Labor Commissioner has ruled that Uber drivers are employees and not Independent Contractors. See the case below:
http://cdn.arstechnica.net/wp-content/uploads/2015/06/04954780-Page0-20.pdf
1260. (a) An individual disqualified under Section 1256, under a
determination transmitted to him or her by the department, is
ineligible to receive unemployment compensation benefits for the week
in which the act that causes his or her disqualification occurs and
continuing until he or she has, subsequent to the act that causes
disqualification and his or her registration for work, performed
service in bona fide employment for which remuneration is received
equal to or in excess of five times his or her weekly benefit amount
This letter I got is referring to the time I did not apply for benefits 5-14 thru 6-14.
The truth is I m honestly not trying to ride out my Edd benefits
I just counted on the four to six weeks i was not making money
I rec'd. An award of 13000 or close to it some 450 a week minus 25 for every 100 earned while not working full time
Now one last thing
See this. ...
Code 1259. 1259. Notwithstanding any other provisions of this division, no
work or employment shall be deemed suitable and benefits shall not be
denied to any otherwise eligible and qualified individual for
refusing new work under any of the following conditions:
(a) If the position offered is vacant due directly to a strike,
lockout, or other labor dispute.
(b) If the wages, hours, or other conditions of the work offered
are substantially less favorable to the individual than those
prevailing for similar work in the locality.
(c) If, as a condition of being employed, the individual would be
required to join a company union or to resign from or refrain from
joining any bona fide labor organization.
(d) If the offer of employment is from an employer who does not
possess an appropriate state license to engage in his business,
trade, or profession if required by state law.
(e) If the offer of employment is from an employer who does not
carry either workmen's compensation insurance or possess a
certificate of self-insurance as required by Division 4 (commencing
with Section 3201) of the Labor Code.
(f) If the offer of employment is from an employer who does not
withhold or hold in trust the employee contributions required by Part
2 (commencing with Section 2601) of this division for unemployment
compensation disability benefits and does not transmit all such
employee contributions to the department for the Disability Fund as
required by Section 986
I'm trying to appeal my disqualification
Mainly because I did walk off my job
But I was trying for a year to correct or fix a matter that had been ongoing for almost 2 years. I do not want to quit I stated this numerous times in email and in meetings with the 2 owners (one of which offered to help me into a different position but quickly changed his tune and literally avoided me for months (it was ridiculous). I was being physically harassed by the plant mgr who over 6 yr period violated company policy by licking annoying emailing (dirty or just plane gross photos of dicks and phalic symbols with my name on it or would print them out and place them under my key board . He also punched my head unprovoked more than 2 times ( he would claim he didn't know he used. Such force when I asked my supervisor step in. He would say . Stop fighting back .... But if u didn't he would stick his tongue in your ear or lick your head leaving saliva trails . Toward the end I was so upset I walked out and emailed the owners and shortly after for the final 5 months was given the silent treatment ignored I mean to my face daily until I lost it and straight out asked if I was supposed to quit . Just typing this message raises my blood pressure and I feel cheated humiliated harassed accused and I was an outstanding employee
My only fault is my divorce caused financial problems that at times caused me to be stressed out off and on but nothing daily more like 3 times a year but eve that was looked upon as me being to demanding or hard or irresponsible .
I just want my damn benefits that I deserve to keep up while trying to find something else
But I'm slowly falling more and more behind and it's getting tougher and tougher
What do I do?!??
Beau LeBaron (###) ###-####

Response 2: I cannot answer the rest of your questions because you mainly quoted California Labor Code to me and then asked what you should do at the end. I do not give legal advice on this site. I only provide general legal information.

Related California Employment Law Questions