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Old 06-09-2017, 10:21 AM
 
2 posts, read 849 times
Reputation: 10

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I started a new job in Feb 2017. I was let go on May 26th. I filed my claim on May 30th. They are using my waged from the Jan, Feb, March quarter. It's a very small amount because I hadn't started earning commission yet. I made the most of my money there in April and May. Can I cancel my claim and restart it July 1st to use the April, May, June quarter? Also, I already certified for benefits for this smaller amount. I have a phone interview scheduled to make sure I qualify. Is there any chance they will pay me for the weeks I certified before my phone interview? I read that if I receive any payment I cannot cancel my claim. Should I try to cancel my claim now or am I safe to wait until my phone interview and explain the situation to them? Will I be able to use april, may, June if I wait and file July 1st?
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Old 06-09-2017, 12:19 PM
 
Location: Wisconsin
21,536 posts, read 43,992,643 times
Reputation: 15135
Quote:
Originally Posted by Cmfns View Post
I started a new job in Feb 2017. I was let go on May 26th. I filed my claim on May 30th. They are using my waged from the Jan, Feb, March quarter. It's a very small amount because I hadn't started earning commission yet. I made the most of my money there in April and May. Can I cancel my claim and restart it July 1st to use the April, May, June quarter? Also, I already certified for benefits for this smaller amount. I have a phone interview scheduled to make sure I qualify. Is there any chance they will pay me for the weeks I certified before my phone interview? I read that if I receive any payment I cannot cancel my claim. Should I try to cancel my claim now or am I safe to wait until my phone interview and explain the situation to them? Will I be able to use april, may, June if I wait and file July 1st?
Yes, you are paid retro to the week you have filed.

No, you shouldn't cancel your claim. CA uses the first base period which qualifies you, not the base period which provides the best benefit. Therefore, CA will not use the earnings through 6/30/2017 (its alternate base period) if you file in July, if earnings through 3/31/2017 (standard base period) qualify you. Your current claim uses the ABP applicable to your current filing. Those same earnings will appear in your standard base period if you file in July 2. So, no, withdrawing and refiling won't help you.

All that said, just certifying for the weeks - whether or not paid - will prevent CA from allowing you to withdraw and refile.
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Old 06-09-2017, 12:24 PM
 
13,023 posts, read 19,415,359 times
Reputation: 2290
However, if you have a lot of money in the bank, just know you're not going to find a job, don't think you'll end up bedridden for a year, AND it really increases your weekly benefit or weeks of benefits, you could still cancel and wait until Oct 1, but when you really analyze things, you might find it's not worth the wait, potential risk, and overall gain.
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Old 06-26-2017, 09:48 AM
 
2 posts, read 849 times
Reputation: 10
I called them and they said that I can cancel the claim and restart it on July 2nd and that I would then be able to use the money made in April, May, June. I hope that they are right because it is the opposite of what you are saying here.
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Old 06-26-2017, 11:51 AM
 
13,023 posts, read 19,415,359 times
Reputation: 2290
Quote:
Originally Posted by Cmfns View Post
I called them and they said that I can cancel the claim and restart it on July 2nd and that I would then be able to use the money made in April, May, June. I hope that they are right because it is the opposite of what you are saying here.
April, May, June of 2017?

If they told you that, they lied. Never believe a UI worker without double verifying for yourself.

A claim filed July 2 uses wages Apr 1, 2016 to Mar 30, 2017.

Look at the base period calendar:

Base Period

An alternate base period won't help you. That's only available when you won't get a benefit at all, not when you'll get something no matter how small.
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Old 06-26-2017, 05:05 PM
 
Location: Wisconsin
21,536 posts, read 43,992,643 times
Reputation: 15135
Quote:
Originally Posted by Cmfns View Post
I called them and they said that I can cancel the claim and restart it on July 2nd and that I would then be able to use the money made in April, May, June. I hope that they are right because it is the opposite of what you are saying here.
If you were qualified on 3/31 wages filing before July, CA has used its alternate base period. After July 2nd, CA MUST - repeat MUST - first try to qualify you under its standard base period - which at that time will be quarter ending 3/31.

CA legally CANNOT use a base period through 6/30 if you FIRST qualify using 3/31.

EDD workers often are not capable of considering the nuances of these base periods, or they are just outright lying.

Either way, nothing will change.
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