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Tina, Attorney
Category: California Employment Law
Satisfied Customers: 33167
Experience:  JD, 17 years experience & recognized by ABA for excellence in employment law.
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I am being laid off today. I was on disability 10 months out

Resolved Question:

I am being laid off today. I was on disability 10 months out of the period they use in California to figure my income. Will I qualify for unemployment and what income do they base it on? I am so confused and scared because when I looked up the period on the EDD site , my payment period is the time I was on disability and I would only get some really small amount that I could not survive on.
Submitted: 6 years ago.
Category: California Employment Law
Expert:  Tina replied 6 years ago.
Thank you for contacting

The EDD typically uses your past 12 month in earnings as your base period for calculating unemployment benefits. Since you were on disability for 10 months of the past 12, your benefits would normally be very limited.

I'm sorry, but it appears you are correct in your assessment of the situation.

Good luck and take care.



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Customer: replied 6 years ago.
If it uses the past 12 months, I have been back to work for 6 months.

Perhaps I am reading the chart wrong, but if it is based on the past 12 months and I worked 6 months of that 12 months, would that change things?
Expert:  Tina replied 6 years ago.
The calculations are based on the past 12 reported months which is typically called the base period.

If the 6 months of earnings have been reported to the state, then that would normally be included in calculating your benefits. Wages through the second quarter of this year (June 2011) should have been reported to the state and included in the base period typically.

All the best to you.

Tina and other California Employment Law Specialists are ready to help you