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Qualifying for a new period of unemployment insurance.

Qualifying for a new...

Qualifying for a new period of unemployment insurance.

Lawyer's Assistant: Was this unemployment issue discussed with a manager or HR? Or with a lawyer?

Neither, I have been on unemployment for the maximum base period in one year and I want to open a new claim.

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

At will.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Hi,I’ll ask my question upfront so you don’t have to read all the details if they are unnecessary.A). Do you think I’ll have any trouble opening a new unemployment claim for a new 52 week period when my current benefits period ends?
B.) How soon / when should I apply for the new claim?My current unemployment benefits year ends this March.
03/26/2017 - 03/24/2018, and I will deplete the benefit funds exactly then as well.I have met all my requirements for job searches every week and logged on and certified for each week and am in good standing for all my obligations in the current benefits period.I worked and made enough money to qualify for maximum benefits in all of the 4 quarters they would use to see If I qualified for unemployment insurance, whether I apply for a new claim in March 2018 or April 2018.In other words, I worked full time all 4 quarters from October 2016 to September 2017 for a March application, and full time all four quarters from January 2017 to December 2017 for an April application.I think this means I will have no trouble applying for and getting a new claim benefits period when the current one ends???…Explanation of my work situation during my current benefits period:
The reason I have full time employment for quarters during my claim, was that I initially made the claim in March 2017 for reduced hours, but hours picked up and I never certified for any benefits. I then lost the job in September 2017 and had to reopen the same claim (as you can only have 1 claim in a 52 week period).Thanks very much.

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Answered in 9 hours by:
2/15/2018
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 123,239
Experience: 20+ Years of Employment Law Experience
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If you collected unemployment on your claim from 2016 and then you were employed in 2017 at another job and you lose your job in 2018, you can apply for unemployment under the new claim. So, as long as you have earnings in the quarters in 2017, you can file a new benefit claim for a new base period. You would file not sooner than one week after you become unemployed. You would file in April under your new base year.

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Customer reply replied 2 months ago
Thank you. I think the

Thank you for your reply.

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Customer reply replied 2 months ago
Thank you.I’m horrible at being succinct in these explanations.Please bear with me.So, I think the “... as long as you have earnings in the quarters in 2017, you can file a new benefit claim for a new base period.” of your answer still applies to me but it was not from a claim in 2016.The claim benefits period is March 2017 - 2018.I filed in March 2017 for reduced hours but didn’t certify for any benefits as hours picked up. I lost the very same job in September 2017If I apply again in a April 2018, having not found work in the six months since becoming unemployed in September 2017, CA UI uses the highest paid quarter from From 2017 for that April claim. And, I was employed he first 3 quarters of 2017, the 9 months of January through September, with enough earnings to qualify for the highest benefits amount.So — one job — opened claim in March 2017 for reduced hours — never certified as hours weren’t reduced after all — lost very same job September 2017 — can apply for new claim in April 2018 — have worked enough in the base period they use for an April 2018 claim (which is the first 3 quarters of 2017) at the same job I lost at the end of that 3rd quarter, September 2017.I think based on “as long as you have earnings in the quarters in 2017, you can file a new benefit claim for a new base period” still applies and I would be eligible / shouldn’t have a problem opening or getting a new claim in April. (I’m not quoting you implying you’ve made a guarantee, just as the educational concept both you, and myself before I wrote you, seem to think applies in this instance - unless I’m misinterpreting or the clarifications I’ve made change the matter.)Thanks much.

Thank you for your reply.

In order to have a claim March 2018-2019, a new claim, you had to work and earn at least one quarter in 2017, since the first claim, so that they can calculate benefits for the new base period on the new claim, which I what I am trying o tell you. Since you filed the last claim, you have to have earnings in subsequent at least 1 quarter to qualify for a new claim, which would likely be less than your current benefits if you earned less in the new base year.

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Category: Employment Law
Satisfied Customers: 123,239
Experience: 20+ Years of Employment Law Experience
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