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I am currently doing some freelance work with a company (sort of as a "try out") and will possibly get a job offer if they like me.
I know I am going to have to talk to an interviewer about the freelance work (how to list, approval, etc.). I also know that I will probably earn too much to get WBA (but that's okay, I'm not looking for the extra $).
However, while the pay would be "ok" if I get offered a job, I would be working less than 40 hours (approx 33-35). Would that be considered part time for EDD purposes? It would be a "permanent" part time position.
What I am concerned about is 1) not really loving the job but feeling I must take it until I can find something I do love for 40 hours; and 2) that my claim will end and I won't be able to reopen it or continue it if I decide I need to leave (the not loving it part!).
Any ideas? I would hate to lose my current UE claim if I can't stay at the part time job for whatever reason.
It doesn't really matter how many hours you work, what is significant is how much you make per week compared to your WBA. I don't know the exact formula they use, but up until around 125% of your WBA, you can collect a partial benefit. This will be the same during the trial period and once you start officially.
Once you start the job and stop collecting unemployment, you're right that you won't be able to start collecting again if you quite the job just because you didn't like it. Specifically, you'll have to tell EDD why you're not working there anymore and they will check this reason with the employer.
This trial period is not just a chance for the company to decide if they like you, it's your chance to decide if you like them. Since you'll probably still be collecting at least a partial benefit during this time, your claim won't go inactive. This means that if you don't like that job, you can try to make sure they don't want to hire you and then when you stop working you shouldn't have to explain anything to EDD since you're not trying to reactivate a claim.
Sweater Fish is correct. Also, be careful not to do anything that would make it look like you don't want to work for this company on purpose. I know you can get into trouble by making it obvious that you don't want to work for them. I've seen people get in trouble for that because they WILL tell EDD that.
Examples of this would be not dressing the right way, being rude or obviously unprofessional, refusing tasks, or making statements that make it sound like you don't want to work.
Thanks for your responses, but I'm a little confused....
At this point, I would be strictly an independent contractor. How would EDD know who to check with if they even offered anything?
I'm already feeling that this job won't work...they are requesting weekend work and ability to contact via text messaging and cell phone after hours and on weekends. Unfortunately that is not something I am willing to do.
I am still looking for something full time (just send out yet another resume) so I am totally willing to drop the freelance stuff if a full time job comes along.
And would my claim really be closed if I took a part time job (less than 40 hours)? I thought I heard that so long as you were still willing and able to take a FULL time job (and listed "still working PART TIME") on your form that they would continue to send continuance claim forms. Is that wrong?
I actually don't think they will find out if you were offered this work unless the company complained to EDD about it. Besides, if you're an independent contractor, that means you have control over the working situation and not the client. If they are demanding that you work certain times and hours, then you aren't really an independent contractor, in my opinion, but an employee. And, companies get into trouble for mis-classifying employees as independent contractors.
For example, I am an independent contractor and I control all aspects of my working situation from the amount of work I do, the hours that I do it, and for whom I do work for. I can refuse or accept work any time I want. Employees can't do that.
As for closing the claim, it all depends on the income you make. Like Sweater Fish said, it's usually 125% of your weekly benefit amount. If you go two or three weeks over that amount, the will make the claim inactive. However, if you become unemployed again, you can call them and they will re-activate that, but they will question why you aren't working anymore.
I am setting my own hours. The employer has been very clear about that with "tell me when you can work and how many hours." So, I do have the ability to work more or less.
So, I guess it will all come down to how long I want to continue as an independent contractor (and if I do, how to explain to EDD why I am no longer doing such work).
How about a temp position? If I work out in advance that I will only be taking a job for X period of time (let's say 3 mos), will I be able to reopen my claim at that point?
Gosh...I sort of feel trapped. I want a job but don't want to take a job I will hate and then lose my benefits b/c I can't make it without them (and who knows when another job will come along). And obviously I wouldn't do anything intentional to get me fired (being late, insubordinate, etc.) but I can see that if I was miserable it might cause them to not want me around (not being super perky and all!).
I know what you mean. Yes, if the job is temporary and you were "laid off" or not given any work after that point mostly because the job was temporary, that should work. As long as you were not fired for misconduct or quit on your own it should be OK. If you both agree to work for x number of months, those months pass by and the client (employer) doesn't hire you on, you should be able to get benefits. But, I can't really say much more as I don't know all the details and rules about this. Only an EDD rep could tell you for sure when you go to reopen your claim.
Thanks for your responses, but I'm a little confused....
At this point, I would be strictly an independent contractor. How would EDD know who to check with if they even offered anything?
I'm already feeling that this job won't work...they are requesting weekend work and ability to contact via text messaging and cell phone after hours and on weekends. Unfortunately that is not something I am willing to do.
I am still looking for something full time (just send out yet another resume) so I am totally willing to drop the freelance stuff if a full time job comes along.
And would my claim really be closed if I took a part time job (less than 40 hours)? I thought I heard that so long as you were still willing and able to take a FULL time job (and listed "still working PART TIME") on your form that they would continue to send continuance claim forms. Is that wrong?
Thanks for any input (again!)
It doesn't sound like you are an independent contractor if they are demanding that you work on weekends. Also, independent contractors aren't really hourly workers like employees, that's a kind of dicey area of the law.
As an Independent Contractor, you tell them when and at what times you can work, if you and the other side can't agree, you don't have a contract.
Also, one way, theoretically, the EDD can find out about you is through the company that you are planning to contract with. The EDD monitors companies that claim independent contract workers. They now do it in order to close the so-called Tax Loopholes. They want to make sure that companies aren't misclassifying workers as independent contractors when they are infact employees. Sometime companies intentionally misclassify workers to get out paying into things like unemployment Insurance and workmens comp. etc.
Also, the most important thing to consider is how much you will be earning, because (theorectically) you are supposed to report all earnings to the EDD, even if you earned money from a local bake sale (yeah right) while collecting UI benefits.
If you are truly an independent contractor, there is no such thing as "quitting" since independent contract works does not qualify as "work" for the purposes of unemployment, since their are no taxes being paid into UI by the company you are contracting with.
I think you should decide if you want to stay on unemployment benefits and search for a permanent job or just work as an independent contractor and stop collecting benefits.
The bottomline, independent contracting is like working under table, except that most under the table jobs are paid in cash. Some people frown upon doing under the table work while collecting UI benefits, however when rent needs to be paid and babies got to eat, sometimes you understand the motivation behind doing it.
I know with me, I actually report all my IC income because it will, eventually, show up either in my taxes and 1099s. So, since there is a "paper trail" in my case, it's best to be upfront about it to EDD. You may need to be "pre-approved" (interviewed) by EDD about it, but usually it's no big deal if you are doing something that lets you still be available for full-time work or are looking for work.
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) while collecting UI benefits.
