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Ask Asad Rahman Your Own Question
Asad Rahman
Asad Rahman, Lawyer
Category: Employment Law
Satisfied Customers: 1737
Experience:  Practicing Attorney with 10 years experience
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What is most convenient. Scenario: my employer just reduced

Customer Question

What is most convenient for me. Scenario: my employer just reduced my hours saying they don't have enough work for me. I mentioned a month ago I was getting deployed and all of a sudden this happens. I want to make the most with what life just handed over to me.
1.- Ask them to let me go and collect unemployment until I can get deployed overseas on May 21. (I don't know if I can re-open the claim after I come back from overseas, can I??.)
2.- Take the hours they offered me, deploy overseas, come back and work for a month with them and then (which will happen) tell them I am relocating and collect unemployment then.
Submitted: 8 months ago.
Category: Employment Law
Expert:  Asad Rahman replied 8 months ago.

I think it would be simpler for you to collect unemployment now to just get a clean break and then be able to apply for new jobs when you get back. You have to determine what makes the most financial sense. I'm happy to talk by phone for an additional charge if you like.

Customer: replied 8 months ago.
Can I re-open the unemployment claim after I come back from overseas?
Expert:  Asad Rahman replied 8 months ago.

That will be up to the unemployment agency. They may allow it if you are not collecting unemployment while deployed.

Customer: replied 8 months ago.
I would not be collecting unemployment while deployed. I understand that as fraud.I am talking about coming back home from deployment (without a job) and having a little coming in from the claim I would re-open when I came back. How long could I collect and how much could I collect?? I have worked with CCL LABEL for 2 years and a half.
Expert:  Asad Rahman replied 8 months ago.

Benefits are calculated using an individual’s earnings during a specific 12-month period. The base period is this 12-month period. The Standard Base Period is the first four of the last five completed calendar quarters prior to the beginning date of the UI claim. The amount paid each week is calculated based on the calendar quarter with the highest earnings during the base period. You are eligible for unemployment for up to 1 year so you could resume unemployment after you return for up to 1 year minus the dates you receive unemployment up until your deployment.

Expert:  Asad Rahman replied 8 months ago.

I actually did some additional research and apparently the California agency views active military service as being employed. In that case, it makes sense to file after you get back.

Expert:  Asad Rahman replied 8 months ago.

http://www.edd.ca.gov/uibdg/Total_and_Partial_Unemployment_TPU_305.htm

Customer: replied 8 months ago.
Am I understanding this right? I think I can collect unemployment with CCL LABEL (current employer) and also under The Navy after I come back from deployment?. Tell me I got this right.....or maybe not??.BTW I am a reservist in the US Navy which just got activated a few weeks ago....I also have a Bachelors in BA and majored in accounting so I do accounting for this employer ccl label...that is why it looks messy but it really isn't
Expert:  Asad Rahman replied 8 months ago.

My reading is that you cannot collect from multiple employers. You would be eligible for unemployment until May. Then you come back to the employer after your deployment and then seek unemployment from CCL Label. I do not think as a reserve member you would be entitled to unemployment. Take a look at the site I pointed you to.

Expert:  Asad Rahman replied 8 months ago.

Let me know if you have any additional questions or we can talk by phone for an additional charge.

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