California Unemployment -- Should I file now, or next quarter? (apply, claim)

[ca_worker]

Background: I lost work in August 2011 and for some reason did not realize I was eligible for unemployment at the time. I got temporary work in August-September 2012 that was a much higher earnings for that quarter than anything I made last year. From researching the California unemployment rules, here's what I know:

1) Until the end of the year, I'm still eligible to file on the job I lost in August 2011. I could start receiving unemployment benefits off that immediately.
2) The Aug-Sept 2012 job can't be counted towards my UI claim until January 2013. If I file on that, I get much higher benefits.

So, my questions:

1) If I file now, does that disqualify me from filing in Jan 2013 on the higher-paying work (since the base periods of the claims would overlap), even though the two jobs happened in different and non-overlapping quarters? Would I have to wait until the 2011 claim expires before filing a new claim? If so, when *would* the 2011 claim expire -- after 26 weeks, or after the benefit year?
2) If I can file claims both now and in Jan 2013, do I lose the benefits from the original claim when I start making the benefits on the new claim? Since I'm still unemployed, would it be wiser to hedge by bets and wait till the 2011 benefits expire before filing the new claim on the higher-paying temp job? (If I'm demonstrating a complete lack of understanding about how UI works, let me know -- I've never done this before.)

Basically, this boils down to -- is it better to file now and start receiving benefits from the lower-paying job immediately, or should I hang on to 2013 and file on the higher-paying quarter? If I can file claims off both jobs, when should I file on the higher-paying one?

Thank you very much! I've done a lot of searching and can't find the answer to this.

[Chyvan]

Your interpretation on filing against the job that ended in Aug 2011 is incorrect. You always file against the LAST employer, meaning you only get to file one claim and that will be against the job that ended in Sep, 2012.

So did you work from Aug 2011 to Sep 2012, or Aug 2012 to Sep 2012?

Also, Oct 1, 2012, started a new quarter and with depending on the answer to the question above, you might be able to use the alternate base period method to use those higher wage quarters.

[ca_worker]

The first job ended in August 2011. The second (temp) job was only for Aug 2012-Sept 2012. Between August 2011 and August 2012 I was not working (or at least, was only working contract jobs paid on 1099's, which I do not think count towards my eligibility for unemployment).

According to the way California does things, my understanding has been that if I apply now, my base period is July 2011-June 2012, according to http://getunemployment.com/monetary.html. From my research, California doesn't do an alternate base period. So this would include July/August 2011 of the first job, but NOT include the Aug-Sept *2012* job -- at least I don't think so -- and I would have to apply in Jan 2013 to have the 2012 job included in the base period (again, I *think*). Hence my question -- do I lose anything by applying now, when that much higher-paying job won't be included, and get my benefits from the 2011 job? Or should I wait till Jan 2013 to file so that the larger job is included in the base period? (Does that make a little more sense? Sorry to have been confusing.)

I don't quite understand what you mean by always filing against the last employer. If that employer isn't included in the base period, are you saying I'm filing against that employer but I don't get the higher benefits from working for that employer? Again, I'm so sorry to be so confused; this is very new to me.

Thank you for replying!

[Chyvan]

Your research sucks. Get Unemployment - Eligibility 1: Earnings is NOT the CA EDD website where you'll get the best and most current information. CA has had an alternate base period since April, 2012, and if you'd been using the correct source for your information, you'd have known that.

If you want to game the system for max benefit, you need to use this http://www.edd.ca.gov/pdf_pub_ctr/de1275a.pdf.

Also, don't be so quick to throw out your 1099 earnings. Employers misclassify employees all the time. If the difference in your weekly benefit amount warrants it, get the UI people to investigate whether you were incorrectly classified and if those earnings in your base period need to be adjusted.

Just because you earned more per hour in Aug 2012 to Sep 2012, doesn't mean that it's going to help with your UI weekly benefit. That is only at most a two month period. They use the whole quarter's earnings in the calculation.

All employer's earnings are in the base period, but you only get to file one time. The reason you lost your most recent job is what controls whether you'll get benefits or not. You don't get to claim against every employer in your base period.

[ca_worker]

Oh wow -- thank you so much. I really appreciate your correcting me!! I apologize for looking at the wrong resources before asking here. I'm usually much better at checking my sources, and I did do a lot of reading other than on the site I linked, but clearly I got confused as to what was and wasn't official CA info, and I apologize for not doing a better job double-checking my sources before asking the question. Thanks again for setting me straight!!

(And yes, I do know they use the whole quarter's earnings. I did make more during the Aug-Sept 2012 job TOTAL than I made total during any other quarter. But I will double check everything including all the 1099 earnings.)

I am all set now. Thank you for your time, and I apologize again for the uninformed question.

[Chyvan]

The biggest problem really is the full year gap between jobs. No matter how you do it, you're only going to have one quarter's worth of wages, and that makes for a pretty small UI check if you're elibilible for anything at all.

Just curious, prior to Aug, 2011, how many quarters did you have then? I suspect your biggest mistake was waiting as long as you have to figure this stuff out.

I'd spend a lot of time on those 1099 earnings to see if you can't pull a rabbit out.

[annatl]

Hi, I am in Chicago. I always had a contract job. My last contract job ended in March 2014. I have been unemployed since March 2014. I thought that i will not be eligible to claim for unemployment. Until today, I am still unemployed. But I am actively looking for a job. Am I eligible to apply for the unemployment benefits? Can I claim for unemployment now?

[Chyvan]

Originally Posted by annatl

I have been unemployed since March 2014.

Because of this

Originally Posted by annatl

I thought that i will not be eligible to claim for unemployment.

and this possibly mistaken belief

Originally Posted by annatl

Am I eligible to apply for the unemployment benefits?

While you are eligible to apply whenever you feel like it, you waited TOO long. The furthest back any state would look back to calculate a base period is July, 2014 to June, 2015.

Besides that, you'd have had to get your 1099 earnings reclassified, and there is a possibily that you were properly paid as a 1099 rather than a W-2. At this point, that ship has long sailed.

Originally Posted by annatl

Can I claim for unemployment now?

Yes, but from the above, you won't get any money.

Next time you lose your job, get help.

[Ariadne22]

Originally Posted by annatl

I have been unemployed since March 2014.

Is this a typo??? You aren't seriously asking about benefits after 18 months of unemployment?

If, in fact, you mean March 2015 - and you apply before year-end - IL will look at wages July 1, 2014-June 30, 2015 - and there might be enough there on which to base a claim.

If, as a contract worker, you were paid on 1099, then, as Chyvan says, those wages would need to be reclassified before you would have any eligibility for benefits. 1099 means you are self-employed, pay no UI tax. You need eligible W-2 wages in order to qualify for unemployment benefits.