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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 have been working about 20 hours a week on commission. The

Resolved Question:

I have been working about 20 hours a week on commission. The company says they hired me as a full-time employee.I was told by the EDD that because I was working less than 30 hours a week I was eligible to collect unemployment benefit during the weeks I did not earn any money.. While I did earn some money certain weeks I did not claim benefits on those weeks but I did perform services to try and earn wages.. This is an appeal and the issues to be considered by the judge are: DID THE CLAIMANT PERFORM SERVICES DURING,OR RECEIVE WAGES FOR, THE WEEK(S) BENEFITS WERE CLAIMED.
Submitted: 5 years ago.
Category: California Employment Law
Expert:  Tina replied 5 years ago.
Hello and welcome,

What is your question for me please?

Customer: replied 5 years ago.
The question is will I forfeit the $58.00 a week (the EDD benefit) and have to return it to the state The employer claimed that I am not eligible for the benefit because they hired me as a full time employee.They do take out taxes from my earnings when I earn wages but I have not been working 40 hours a week because I do not have enough leads to call I am working on straight commission.
Expert:  Tina replied 5 years ago.
I see.

You should not have to repay the benefits if you were not actually working full-time during the weeks you collected benefits. While you may have been hired as a full-time worker, if you were not actually working full-time, then you would normally be eligible for partial unemployment benefits during those weeks.

In addition, the employer should pay you at least minimum wage for all hours actually worked, so your commissions must amount to at least that amount typically. If not, I would file a complaint with the state labor board to collect back wages owed to you.

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