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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12638
Experience:  Significant experience in all areas of employment law.
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I am a member of a multi-mumber LLC. I was also an employee

Customer Question

I am a member of a multi-mumber LLC. I was also an employee of my LLC. I received wages as an employee. Recently, my company lost all of its clients, and I can no longer afford to have myself on payroll. I have taken myself off payroll, and filed for unemployment in California. Do I still qualify for unemployment benefits as a layed off employee?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 1 year ago.

Hello and welcome. If you received wages from the company within the last four calendar quarters, and if you are now off payroll due to financial necessity, then yes an individual in your circumsrance would typically qualify. The only caveat is that any earning (wages or 1099 income) will serve to offset your weekly benefits entitlement for the week in which that income is received. So, for example, if you make $200 in a given week and would otherwise be entitled to $300 in weekly UI benefits, you would you would only receive $100 in benefits that week. If you made $500 you would be disqualified that week but then able to claim the next if you had no income. I hope this addresses your concerns. If I can clarify anything just let me know.

Customer: replied 1 year ago.
when the EDD asks who is my immediate supervisor, or they ask to talk to my boss, which would be me since I am a majority member of the LLC, this won't cause any issues?
Expert:  Patrick, Esq. replied 1 year ago.

No, it shouldn't cause any issues at all. If you earned wages and paid money toward unemployment insurance, you are entitled to claim benefits if you meet the criterion, as it seems you do under the circumstances. I hope this clarifies.

Again, please feel free to let me know if you have any further concerns.