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I have a bit of a complicated unemployment question.
I worked for the same person at two different businesses. I was let go from both yesterday (at no fault of my own).
Job #1: Employed from July 2011 to Sept 2011 as contract employee. Then switched to salaried employee until Nov 2011, same position. Hours were then cut back from 40 per week to 6 per week due to the company not making enough money, at which time boss took me over to his other company to make up the other hours. When having my hours cut back, they put me back as a contract employee. In Dec 2011, due to some harassment issues from my ex-MIL, they asked me to quit but continue working at job #2. Then in Feb 2012, they asked me to come back to work at this job part time, approximately 20 hours per week, again as a contract employee. This time it is under a different title, but the same job duties I have always had.
When hired at this job, it was to be 9-5, full time, salary with benefits. I never received benefits. I am currently discussing with the IRS whether I should have never been considered a contract employee by their requirements, as my job position was salary at one point and had the same duties throughout as well as other people that are standard employees also do the same duties. This would require them to pay back the taxes that I had to pay as a contract employee. If I was supposed to be an actual employee and not a contract employee would they have had to be paying unemployment for me at the time? Could this affect whether I am eligible and for how much? This unfortunately could be a long process to have this error fixed either way.
Job #2: As stated, I was brought to this job to make up the hours from job #1 when they had to cut back my hours from 40 to 6 per week. I was also told upon taking this job that I would be given benefits as long as I was working 34+ hours per week at this job. I then never received benefits. I was employed at this job exactly 6 months when I was let go from both jobs yesterday. My boss told me upon letting me go that I could file for unemployment from this job, but not the other as I was a contracted employee. They basically cannot afford me at job #1 anymore and knew I was not happy with job #2 but needed it to pay my bills.
Here are my issues... was I even employed long enough at job #2 to receive unemployment? I did not work prior to these two jobs as I was a stay at home mom. I am now divorced and a single parent with 50% joint physical & legal custody. I filled out the application online yesterday and everything says I am entitled to $0. Is this because I am not eligible or does it take awhile to get a correct amount? I am applying to every job imaginable at this point because I cannot support myself and my son without a job.
Any advice or help would be greatly appreciated. I have never been let go from a job before, either from being laid off or from fault of my own.
I have a bit of a complicated unemployment question.
I worked for the same person at two different businesses. I was let go from both yesterday (at no fault of my own).
Job #1: Employed from July 2011 to Sept 2011 as contract employee. Then switched to salaried employee until Nov 2011, same position. Hours were then cut back from 40 per week to 6 per week due to the company not making enough money, at which time boss took me over to his other company to make up the other hours. When having my hours cut back, they put me back as a contract employee. In Dec 2011, due to some harassment issues from my ex-MIL, they asked me to quit but continue working at job #2. Then in Feb 2012, they asked me to come back to work at this job part time, approximately 20 hours per week, again as a contract employee. This time it is under a different title, but the same job duties I have always had.
When hired at this job, it was to be 9-5, full time, salary with benefits. I never received benefits. I am currently discussing with the IRS whether I should have never been considered a contract employee by their requirements, as my job position was salary at one point and had the same duties throughout as well as other people that are standard employees also do the same duties. This would require them to pay back the taxes that I had to pay as a contract employee. If I was supposed to be an actual employee and not a contract employee would they have had to be paying unemployment for me at the time? Could this affect whether I am eligible and for how much? This unfortunately could be a long process to have this error fixed either way.
Job #2: As stated, I was brought to this job to make up the hours from job #1 when they had to cut back my hours from 40 to 6 per week. I was also told upon taking this job that I would be given benefits as long as I was working 34+ hours per week at this job. I then never received benefits. I was employed at this job exactly 6 months when I was let go from both jobs yesterday. My boss told me upon letting me go that I could file for unemployment from this job, but not the other as I was a contracted employee. They basically cannot afford me at job #1 anymore and knew I was not happy with job #2 but needed it to pay my bills.
Here are my issues... was I even employed long enough at job #2 to receive unemployment? I did not work prior to these two jobs as I was a stay at home mom. I am now divorced and a single parent with 50% joint physical & legal custody. I filled out the application online yesterday and everything says I am entitled to $0. Is this because I am not eligible or does it take awhile to get a correct amount? I am applying to every job imaginable at this point because I cannot support myself and my son without a job.
Any advice or help would be greatly appreciated. I have never been let go from a job before, either from being laid off or from fault of my own.
I will ask this first. Have you put in a claim yet to UE? They will contact both employers, tell you if you are eligible, and how much your weekly benefit will be. Regardless, I will pray for you because of your situation. In my situation, I was laid off early November 2011, and they took my salary from July 2010-July 2011 to determine my benefit amount. With your short work history, I am afraid your benefit amount will be very small so I again suggest contacting UE.
I filed the claim yesterday. I wasn't sure how the process worked though which is what had me nervous. When I filed, it said I was entitled to $0. I was hoping it was only like that until they verify whatever they need to and was hoping maybe someone here could shed some light on that.
Will they contact the employer from job #1 since I was a contract employee? I just want to be sure everything is being taken into account that needs to be if it changes my eligibility. Everything I read said I had to have worked 3 of the last 4 quarters, but I was only employed at job #2 for 6 months, but if you factor in job #1 then I was employed for 10 months.
]When I filed, it said I was entitled to $0.[/b] I was hoping it was only like that until they verify whatever they need to and was hoping maybe someone here could shed some light on that.
That is not good. When I first claimed, they told me to call back next week. They then said I was eligible for $214 a week after they contacted my former employer. There is a guy on here named Buzz123 that knows more about it than I do, so hopefully he can shed some light on it. Unfortunately, I think that your job history is too short, but hopefully I am wrong. Just for reference, I had my job for 5 years before being laid off.
I have a bit of a complicated unemployment question.
I worked for the same person at two different businesses. I was let go from both yesterday (at no fault of my own).
Job #1: Employed from July 2011 to Sept 2011 as contract employee. Then switched to salaried employee until Nov 2011, same position. Hours were then cut back from 40 per week to 6 per week due to the company not making enough money, at which time boss took me over to his other company to make up the other hours. When having my hours cut back, they put me back as a contract employee. In Dec 2011, due to some harassment issues from my ex-MIL, they asked me to quit but continue working at job #2. Then in Feb 2012, they asked me to come back to work at this job part time, approximately 20 hours per week, again as a contract employee. This time it is under a different title, but the same job duties I have always had.
When hired at this job, it was to be 9-5, full time, salary with benefits. I never received benefits. I am currently discussing with the IRS whether I should have never been considered a contract employee by their requirements, as my job position was salary at one point and had the same duties throughout as well as other people that are standard employees also do the same duties. This would require them to pay back the taxes that I had to pay as a contract employee. If I was supposed to be an actual employee and not a contract employee would they have had to be paying unemployment for me at the time? Could this affect whether I am eligible and for how much? This unfortunately could be a long process to have this error fixed either way.
Job #2: As stated, I was brought to this job to make up the hours from job #1 when they had to cut back my hours from 40 to 6 per week. I was also told upon taking this job that I would be given benefits as long as I was working 34+ hours per week at this job. I then never received benefits. I was employed at this job exactly 6 months when I was let go from both jobs yesterday. My boss told me upon letting me go that I could file for unemployment from this job, but not the other as I was a contracted employee. They basically cannot afford me at job #1 anymore and knew I was not happy with job #2 but needed it to pay my bills.
Here are my issues... was I even employed long enough at job #2 to receive unemployment? I did not work prior to these two jobs as I was a stay at home mom. I am now divorced and a single parent with 50% joint physical & legal custody. I filled out the application on line yesterday and everything says I am entitled to $0. Is this because I am not eligible or does it take awhile to get a correct amount? I am applying to every job imaginable at this point because I cannot support myself and my son without a job.
Any advice or help would be greatly appreciated. I have never been let go from a job before, either from being laid off or from fault of my own.
The first advice I always give anyone filing for unemployment is this: NEVER, and I do mean NEVER, ask friends or relatives, and especially not people on an internet forum, about UI (Unemployment Insurance) as they will ALWAYS give you mis-information, and it will usually be so bad that it will cause you problems, many times financial problems. Anyway, in every case I've ever seen, and we're talking hundreds of cases, that's been my experience.
I just got back from driving 10 hours today so I'm a little off my feed, but skimming your post I think you should be eligible for UI. But here's your problem which is going to take a lot of work on your part ...but hey, what else have you got to do right now? UI is based on the amount of money you made in the "Base Period". The base period is the first four of the last five completed quarters. Right now, in May, we are in the second month of the second quarter of 2012 (Apr, May, June). What you made since the beginning of January won't be counted. They will look at your "covered" wages for all of last year broken into 4 quarters. A contract employee's wages are nor not "covered" wages. BUT!!! Employers are famous for trying to get around paying payroll taxes and benefits by claiming that employees are contract employees. So there is a test for that. When you get your Monetary Statement from Carson City that tells you how much you made per quarter in the Base Period, you will most certainly have to appeal it.
I hope you kept check stubs, payroll receipts, or whatever they gave you for proof of your earnings, otherwise you might be out of luck. It's been a really long time since I had to deal with this issue, but as I recall the test is something like this: Did you set your own hours or did they schedule them? In other words did you work independently, or were you actually under someone there? There are (I think) about five such questions that ESD should ask, but you may have to initiate it. The employer will not have reported your earnings so they will make him report them if they find he's only trying to skirt the system.
Now your next hurdle might be that even if all your wages counted, you didn't make enough in the Base Period to qualify right now. The law says you qualify "monetarily" if you have wages in three of the four quarters. It sounds like you only worked in two of them, Jul, Aug, Sept, & Oct, Nov, Dec. You can still qualify on only two quarters of wages if the lowest of the two is at least half the amount of the higher quarter; e.g., if you made one dollar sometime in April, May, June, and had wages at anytime in Jul, Aug, Sept, & Oct, Nov, Dec, you would be monetarily eligible for UI unless your highest quarter was less than $200 (That may have gone up since I retarred).
But, anyway, you worked only two quarters, so let's say using round numbers that you made $1000 in one quarter and $500 in the other, you should be eligible for a weekly benefit. But if you made $1000 in one, and only $499 in tuther, you ain't gonna get nuthin ...RIGHT NOW.
If they find that you are not monetarily eligible, the claim you filed will be null and void (for all intents and purposes, anyway) and you can file again after the end of the present quarter, at which time the Base Period changes and you'll have wages in three of the four quarters, because in July; Jan, Feb, Mar of 2012 will then be counted. So you might have to wait until July to file again.
In the meantime, make sure that ESD goes after the employer to see if he cheated you out of your benefits, and the State out of his UI "Contributions".
Oh yeah, and don't feel sorry for him as he didn't feel sorry when he was cheating you ...if that's the case.
BTW: Being "monetarily" eligible for unemployment doesn't mean there are not other issues that could disqualify a person, such as being unemployed through some fault of your own, or not being able and available to look for or accept work, etc. You have to meet ALL the requirements, and the ESD investigators will check eventually to make sure you answered the questions on the weekly claim forms honestly.
Tried to rep ya, Buzz, but I have to spread it around. That was a complicated question, and it was nice of you to offer such a well thought out response to a stranger on the net.
Tried to rep ya, Buzz, but I have to spread it around. That was a complicated question, and it was nice of you to offer such a well thought out response to a stranger on the net.
Thanks NLVgal. My wife says I should charge for unemployment advice. I remind her that the unemployed have no money.
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When I first claimed, they told me to call back next week. They then said I was eligible for $214 a week after they contacted my former employer. There is a guy on here named Buzz123 that knows more about it than I do, so hopefully he can shed some light on it. Unfortunately, I think that your job history is too short, but hopefully I am wrong. Just for reference, I had my job for 5 years before being laid off.
