EDD Lag Test Question (report, company, attend, taxes)
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I had my interview last week, it was a different interviewer than the first time just fyi. She did not ask me if I received the telephone interview letter. UGH! Oh well, I was glad to have someone on the phone to help make this go away. She explained my past employer said they tried to reach me and offer me work, I said that I never got anything from them but a goodbye letter, to my surprise she put ALL the responsibility on to me and asked me why I had not called my past employer to ask where the form was? I could not believe it.
My answer was my past employer said they would mail it, I did not get it but I did get a goodbye letter from them, I did not cite the "bonafide offer" as to hold something back for the appeal process. She seemed to accept my reasoning though and stated my benefits should be resuming but the employer gets 48 hours to respond or appeal again.
They must not have as I just checked my account and I have been paid for all past weeks.
I was noticing a thousand people have read these posts, I hope this helps others! Thanks again.
CaliCoast22
Yes, I have considered that, but I figure they'll just mail it or make an offer through UI, I could never be happy working for them again, I just don't trust them.
If they do offer me a position through UI, what am I obligated to accept? I heard something about a 75% threshold but I am unsure what that means.
Also, I waited for my UI claim to be approved before I considered filing a wage dispute claim with the labor board over my past employer paying me minimum wage for work I did after I was laid off. We never discussed my pay being lowered. Would this hurt me? I feel the letter of recommendation and any good reference is out the window after all of this anyhow. I am bitter, yes I am.
If they do offer me a position through UI, what am I obligated to accept?
Only if it's "suitable," and that is something that isn't fixed in stone.
Quote:
Originally Posted by Calicoast22
We never discussed my pay being lowered. Would this hurt me?
I don't know. Depending on any time frame, maybe you can wait until after your UI is used up or you get a real job and don't need them anymore, and then they won't be in a position to cause you anymore grief.
You are so direct Chyvan, I have come to love it! I do hope to get a "real job", I miss working full time actually. The interviewer asked me how long I had been in my latest field, that's for suitability determination it sounds like. I emphasized my degree was in another field and I worked in that professional field for a long time, I do not want to have to accept a minimum wage position just because I did so when times were tougher a few years ago.
I do not want to have to accept a minimum wage position just because I did so when times were tougher a few years ago.
That's a tough one. In UI, you are only what your last job says you are. It goes like this:
You could be a doctor for 20 years, and get laid off.
Out of desperation, you go to work at McDonalds because it's all you could find.
If the job were unsuitable for you, you'd have never worked at McDonalds to begin with. It became suitable in that case because you took it.
That's why you have to be so careful about accepting work below you. Because once you do, you set a new, lower bar for suitability. It's why I tell people to look for work about as good or better than they had before.
When it's UI versus a crap job, I vote take the UI. When it's nothing vs a crap job, then the choice is much more obvious.
I have different question about lag year requirements. My old claim benefit year was from 4/17/16 through 4/15/17. I was terminated on 4/8/16 on the spot without notice. On 4/20/17 I received a severance check over $1300. Does this severance check satisfy the lag wage requirement???
I didn't know about this requirement and the only other income I have is 1099. I am still out of work and terrified that my new claim will be denied.
I have different question about lag year requirements. My old claim benefit year was from 4/17/16 through 4/15/17. I was terminated on 4/8/16 on the spot without notice. On 4/20/17 I received a severance check over $1300. Does this severance check satisfy the lag wage requirement???
I didn't know about this requirement and the only other income I have is 1099. I am still out of work and terrified that my new claim will be denied.
Did you actually get that check in 2017??
Otherwise, no, the severance check doesn't satisfy the LAG. The LAG can't be used in a new claim without NEW bona fide earnings during the prior benefit year. 1099 income is not bona fide.
You should by all means reapply for a new claim. If you are denied for not meeting the Section 1277 wage requirement, you can petition CA to conduct a wage investigation with the goal of reclassifying the 1099 wages to bona fide W-2 wages.
Thanks for your reply. I just realized I had a typo in my original message. My severance check was received on 4/20/16 NOT 4/20/17. But the start date of my claim benefit was 4/17/16, so it was still AFTER my benefit year started. Do you still think this severance pay will satisfy the wage requirement?? In everything I've read, I can't determine how severance pay is categorized.
I already filed my claim and received confirmation of receipt and what my award amount would be. This was received in the mail. But time was going by, and I did not receive any information to certify for benefits. And when I checked my online account, there was no reference of the new claim that they acknowledged receipt of in the mailed letter. So I sent an inquiry through the website. EDD said they sent me a de429L requesting for proof of wages of at least $1300 for the 04/17/16 - 04/15/17 period, and until I provided this proof my claim would remain ineligible. BUT......I never received that form. So I don't even know exactly what it said or how they want me to comply with it regarding getting them the proof. I sent a follow up question through the website....which takes a few days to get an answer. I've never, ever had any luck getting them on the phone....even first thing in the morning.
As far as reclassifying my 1099 income, how does that effect the entity that was providing that income to me? It's a long term relationship and afraid that might ruin it.
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