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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: California Employment Law
Satisfied Customers: 117370
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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The week before I was off, I began a freelance project

Customer Question

The week before I was laid off, I began a freelance project for 2 magazine issues. I worked on it one week while employed, and another two weeks while unemployed. I get $4000. So, on Calif UE claim form, I should put $1,333 for my first week's earnings while unemployed, and $1,333 for the second, right? But that will exceed the maximum UE benefit, so they'll cancel me, right? So THEN what do I do in this demented system?
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You need to claim the specific amount that you earned, because if you are found to have earned money while unemployed the state will charge you with unemployment fraud and will terminate all of your benefits. If you claimed you earned money that one week, that will just cause a delay in the starting of your unemployment benefits, but overall you will still collect the same total number of weeks. Earnings must be reported for the week they are earned, regardless when they are paid. So if you report earnings for those two weeks, your unemployment benefits would not be paid for those two weeks, but it is better than the state charging you with unemployment fraud, and your benefits will restart when you have no earned income in a week you are unemployed.

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