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Ask David C. Garner Your Own Question
David C. Garner
David C. Garner, Attorney
Category: Legal
Satisfied Customers: 1036
Experience:  JD with Distinction, Admitted to practice in California
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I am on unemployment in california, and have been driving

Customer Question

I am on unemployment in california, and have been driving for Uber I dont get a wage I am self employed but I have gotten a couple of bonuses for signing up drivers about 2900 dollars worth, i dont think they report me as an employee but they will 1099 me next year, and I have not claimed the earnings on my unemployment yet, i was considering claiming them on my next certification before the end of the year, i was hoping to get a job and get off unemployment so the money could have potetialy came from that time, but for now i only have a small window of 3 weeks when i was not on state disability or unemployment, will i lose my next few payments if i claim a large amount earned in one week?
JA: Well, we require $5 .
Customer: ok
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: california
JA: Has anything been filed or reported?
Customer: I am currently getting unemployment, but have not claimed any other income yet
JA: Anything else you want the lawyer to know before I connect you?
Customer: I just want to know if it is best to claim the 2900 in one week and when i do, will i get benifits still after doing so? and for how long?
Submitted: 8 months ago.
Category: Legal
Customer: replied 8 months ago.
my claim is open until june of next year and i am going to go to school and hopfully continue to get unemployment while i am getting re-trained, but i want to know the best way to disclose the earnings and what the result will be when i do.
Customer: replied 8 months ago.
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Expert:  David C. Garner replied 8 months ago.


I will try and help. The short answer is that you should claim the money when you receive it. Unemployment compensation is designed to provide a minimum income. If you have other income and do not report it when earned, you are committing fraud. The best way to disclose the earnings is now, immediately and accurately. Believe me, when you get 1099'd and they discover you committed fraud in the reporting, your problems will be significantly worse than if they dock you a couple of checks. Further, you ARE working, and that is the problem. This will affect your benefits, but if you don't honestly report this, the attorney's you need later will cost you a lot more. Remember, your UBER records can be gotten under subpoena.

I hope this helps.


Customer: replied 8 months ago.
ok so if i disclose 2900 now and i still have benifits coming will i still get payments on schedual or will they wait the equivalint of time for the 2900?