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I got laid off from my full time job and am receiving benefits. I am in CA.
But I received a Request For Separation - concerning a previous PT employer. The form says it is to verify if that previous PT employer should help pay for my UE benefits.
The thing is I never quit and they never discharged me, I just stopped getting hours from the client. I was hired to work PT with specific clients and work my schedule directly with the client. The last time I worked with them was 2 months before being laid-off from my full time.
The Request For Separation form also notes that my PT employer said I Quit for personal reasons, which I didn't.
Now I need to fill out the form declaring if I quit and notified my employer, who I spoke with. Or if I quit without notifying them, what was the reason for quitting (and that just means they assumed or lied that I quit for personal reasons). Or if I didn't quit and not discharged why I haven't worked.
Would I get penalized for quitting a PT job without notifyting my employer? Eventhough this happened a couple months before getting laid-off.
Or Would I be forced to take back the PT job and see if they can set me up with other clients even though my FT career was in a completely different field?
How do I answer this question? Will it affect the UE benefits I'm currently receiving if I say that I didn't quit, the employer is mistaken and that the clients don't need me at the moment. Or should I just agree and say I had quit without notifying them.
I dont see why they are questionning that employer since this happened 2months before I was laid off from my FT. I have always had a FT for the last 7years but it so happens that this last FT I was only there for a few months. Hope that doesn't affect anyhthing.
Sorry for the long post. I am very stressed out about this. Thanks.
You were discharged from the PT job. The logic is like this: The employer is the one to schedule you, and when they stop scheduling you, that is the same is being discharged whether they tell you they will never schedule you for another hour or not.
Your proof would be your paystubs showing that 2 months prior to your application for UI that you weren't working there anymore.
It may or may not have a bearing. If you earned enough after you stopped working the part-time job, it becomes irrelevant whether you quit or were fired. If you didn't earn enough, then they will pursue the matter more.
Just go with the "discharged, I don't know why, they just stopped giving me hours" reason. If you get an adverse determination, you can appeal it, and come back for more help.
Well the thing is I don't want to say I don't have the PT job anymore because the client said they will need me in a couple of weeks. What would happen if I said I stopped working (quit/discharge) a few months ago and then in my next claims benefit it shows that I just worked with them for that week? Is that ok? Or will they think it's weird that I supposedly quick and am now working there for a week?
What happens if I say I never quit but that I just haven't received hours for a couple months. Will they go back to that employer to question why they claimed I quit? Will that be bad for my PT employer cause they will now have to help pay for my UE benefits? And they will try to schedule me to work with other clients.?
Part-time work is nearly always unsuitable. While people think working part-time while on UI is a good deal, it can quite frequently be a nightmare. Read other threads about people working part-time while on UI in this form.
Once this issue is adjudicated in your favor, the last thing you want to do is muddy the waters by going back. Just look for a job as good or better than you had before, and once you've secured a job where you don't need UI anymore, then you can go back to getting the part-time job as a second one.
Also, you can't care about that part-time job and worry about how to answer the questions for the employer's benefit. What's good for you, is bad for them, and vice versa. You play this little word game, and you're going to end up with no more UI check and an overpayment notice. Also, you don't get a do over. Once you start saying, "oh, im not sure if it was a quit, or discharge, or if I'm still working there with no hours. . ." The employer has already said to UI that "you quit for personal reasons." They are out to stop your UI and get you cut off. Now, you need to go with discharged, or you're going to learn a very expensive lesson.
I might lose my benefits if I agree that I quit? Or say that I am there as a PT but have not received hours recently?
The reason why I filed this claim was bc I was laid off from my FT employer. bc of that I am qualified to collect. But I didnt think EDD would try to collect from my PT employer which is what I think is happening and why i need to fill out a form now. I didn't even realize my PT employer would have to get involved since me being laid off from my FT doesnt have anything to do w/them.
I had both the FT and PT job already when the FT laid me off.
just spoke with the PT employer and they said they have no knowledge of me quitting I am still in the system as an employee. Im really confused as to why they claimed that i quit. So then I called the corporate office and left messages with 2different ppl bc apparently no one is answering their phones!
A job is a job. You don't get to quit and collect UI unless you do it for the right reason, and nothing you've said suggests that there is a right reason to keep your UI.
Doesn't matter if you were laid off from a full time job. If you are then employed even 1 hour/day some place else, and then decide it's not worth it for that 1 hours pay and quit, you lose the one-hour pay check and the UI check.
Don't ever contact an employer about your UI situation. The state has already told you that someone there said you "quit for personal reasons." You need to tell the state you were "discharged when they stopped giving you hours to work." Let the state sort it out and protect your UI check until you find a better job. Then you can try to repair the damage with this part-time employer that is trying to cut off your only source of income.
The whole quitting issue.... They said I quit a couple of months before I got laid off from my FT. And yeah the last I had hours from them was a couple of months before getting laid off from my FT. If I had quit voluntarily a couple months before getting laid off. That shouldn't even be an issue right? I still had a FT consistently for the last few years.
The employer said that I am still an employee and that it must of been a typo when their form was filled out saying I quit.
They said they would correct this with EDD. That I will keep my schedule which for now is 0 hours and if a few hours come up here and there then I will have that. They said I should still receive benefits (I'm guessing bc I barely make any income through them) through the FT employer.
Is what they said correct? Wouldn't I still be getting my Unemployment benefits in this scenario?
They said "you quit for personal reasons" That's no typo. There is a box for "quit," but when you put in "for personal reasons" that is no typo anymore. Someone deliberately wrote that. Since "discharged for personal reasons," wouldn't really make sense, you know damn well they did it on purpose to stop your UI.
You don't know when they said you quit. You think that because they stopped scheduling you that it was two months before you applied, but for all you know they said you quit last week, and then the two month assumption you're going under would be wrong.
NEVER trust what an employer tells you about UI. They have a conflict of interest. They don't want you drawing on their reserve account. What you're describing is what a lot of fastfood places do. They stop scheduling the worker, and then the worker delays filing thinking that they're still employed.
Trust me, you don't want that employer telling UI anything or fixing anything. You want to be rid of them or they are going to mess your claim up, and you'll be getting nothing. Don't call them again, tell UI you were "discharged when they stopped scheduling you." Make a clean break and don't work for them ever again until you don't need that UI check anymore.
I've already sent in my form before reading this. I wrote that I am employed and work on an as needed basis. And that is Why I haven't earned income from them in the last few months.
I know my PT employer said I quit 2months prior to me being laid off of my FT bc the form I received from EDD states the date.
I don't know how this will affect my benefits OR if I dont get a FT by the time my regular benefits run out I would need to get an extension and would i still continue to receive my max? Im still trying to understand how this process works its very frustrating and can never get a hold of anyone at EDD.
I average about $50/months with this PT. I heard something about claiming it as piecework on my claim form but not sure if this would apply to me.
Also I hear that at some point I will have to file a new claim and they will assess how much i made with how much i will receive with the new claim but I only make about $50/month. Will this reduce my benefits? Would that even matter if I have to file a new claim and had no PT at all then my income would be 0.
It's a little late to be asking questions since you sent in the paperwork. You're just going to have to wait for a decision now, and if it's adverse to you, you can appeal and ask new questions then.
Any affect it has on your future UI benefits is probably best figured out by you because you have your wage statements, you know your projected earnings, and that puts you in the best postion to figure it out using the benefit calculator on the EDD website.
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