Slighty different kind of ? about reporting wages - EDD - Ca (collecting, file)

[bobsnow]

Ive been collecting EDD benefits for 6 weeks now & today I received a paycheck from my last employer that was for some OT pay that they apparently never payed me for, from 3/16/15 to 4/19/15. The check was for 34.00. Im assuming that I definitely have to report this but, Im wondering just how I "explain" this on the mail in form. There is no "last date" worked & there is no "hours worked" on the actual paystub. Given EDDs wonderful track record, I definitely dont want this stupid little check to mess up my benefits. Thoughts on how to proceed....Thank You.

[Chyvan]

EDD wants to know about money you've earned in the time period specified whether paid or not. You received money for a period of time in the past. It is NOT reportable since it doesn't land in the dates on the THAT claim form.

If you were collecting benefits back before 4/19, then you should have reported it then. If you made a mistake on a past claim form, you call to fix THAT claim form, not report things on a current form.

If this money is from a time when you weren't collecting, then it's never reported.

Always think, "did I do work to get money?" If you earned interest, you wouldn't report that because you did no work to get it, your money did the work. If you get a tax refund, you didn't do any work, you just got money back that you over paid. If you get a check for back wages, it's allocated to the time when the work for it was actually performed.

[bobsnow]

Thanks for your response, bro. I always appreciate your help & wisdom. I was STILL gainfully employed w/ the company during this time period that the check states the OT was from. Its actually listed on the check as Overtime Recalculation with dates from 3/16/15 to 4/19/15 & I wasnt let go from the company until 4/24/15.

Now, on the paystub itself, its listed under Pay Begin Date 6/8/2015 to 6/22 /2015 ( which I havent been there now for 2 months) but, thats because the check was issued during this pay period, obviously. Believe me, Ive done everything to the T ever since Ive been getting benefits now for 6 weeks & this goofy little check just showed up in my mailbox yesterday.

So, just to clarify....I dont need to report this & just file as usual on webcert today?

[Chyvan]

Originally Posted by bobsnow

I dont need to report this & just file as usual on webcert today?

Correct, but save that stub.

there's a high probability that your employer will report that check during the wrong time period (now), and your stub will prove that it was for past work, and that will get you out of hot water if it becomes an issue.

[bobsnow]

You were absolutely correct & reading this from EDD confirms it. Once again, thank you so much dude. Just incase anyone else may have a similar predicament, Ill post this statement from EDDs page.


What kinds of income do I have to report?
a. “Wages”
You must report any income considered "wages" that you earn during the same weeks that you
receive unemployment benefits. Wages are payments made for performing work, including
temporary jobs and money earned through self-employment or independent contracting.
Accrued vacation, holiday or personal time off (P.T.O) pay that you receive when your job ends
does not have to be reported because you did not earn it while collecting unemployment benefits.
However, if you receive holiday, vacation or sick pay as a part-time employee while also receiving
unemployment benefits, you should report this as wages.
Similarly, you do not have to report severance pay in most cases because you did not earn the
wages during the same weeks that you were collecting unemployment benefits. However, the
EDD may view a severance payment as in-lieu-of-notice pay or wage continuation pay. If your
wages continue after a layoff because the federal Worker Adjustment Renotification and Training
(WARN) Act requires your employer to make these payments, you do not have to report this
income. If the WARN Act does not apply, you do have to report in-lieu-of notice pay or wage
continuation pay. A payment looks more like severance when paid in a lump sum at the time of
termination and when provided to you for reasons other than a failure to give you advance
warning that your job would be ending. In contrast, if you are receiving in-lieu-of-notice pay, you
may be kept on the employer’s payroll after your job ends, receiving paychecks on the employer’s
normal paydays, and the employer intends these payments to compensate you for not giving you
advance notice of your layoff or discharge. Because this distinction can be difficult to figure out,
you should consult an attorney or the Workers’ Rights Clinic on your particular situation (see the
contact information on the last page of this Fact Sheet).