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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: California Employment Law
Satisfied Customers: 118663
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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My wife and I are members of my LLC. She works and was off.

Customer Question

My wife and I are members of my LLC.
She works and was laid off. Is she disqualified for un-employment benefits. How about if she stops being a member of our LLC?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: California
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you think the lawyer should know?
Customer: No
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Law Educator, Esq. replied 1 year 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.
Yes, just because she is a member on the LLC if she is not working with the LLC and was laid off by her actual employer, she is eligible for benefits. Just because she is listed as a member on an LLC does not mean she actually works for them. She may have to file an appeal and you may have to bring in proof of the LLC books to show she does not work for the LLC, but your wife is entitled to her benefits.