California Unemployment: Do I take this job or not? (collect, extension, file)

[mxschwartz]

Hi all.

I'm on the 26 week/$450 week plan.

I found an opportunity to work full time for a job--that will only last 2 1/2 weeks.

The pay will be $750/week.

Here's my dumb question: I know I won't get any benefits for these weeks when I report this income. But--when the gig ends--can I resume receiving my $450/week? Or, does my claim vanish once I do this job?

Thanks very much. I'm new to this, and I find their website very confusing.

All best,

Michael

[Ariadne22]

Your claim doesn't vanish. You would have to call CA to reopen the claim. However, know that there are often perverse consequences to working.

If you earn this money - approximately $1,800 - too early in your state claim, you will be eligible for a new claim when your state benefits are exhausted and will permanently lose the federal extension benefits attached to your 1st state claim. CA must test for new state claim eligibility before transferring you to federal extensions.

Requalification Requirements: To requalify for another claim you must have worked and earned at least
(1) $1300 in one quarter, or
(2) at least $900 in your highest quarter and a total of 1.25 times your high quarter earnings during the benefit year of your original claim.

http://www.edd.ca.gov/pdf_pub_ctr/de1275a.pdf

It is usually better not to work until you have exhausted state benefits and begun your federal extensions because, even if your new earnings qualify for a new state claim, since you have already begun federal extensions, you can go back to collect those when the new state claim is exhausted. Also, if that new state claim is $100 or 25% lower than your original claim, CA's DNCP program will allow you to defer collecting on the lower new state claim until your federal EUC benefits from claim 1 are exhausted.

So:

1. When did you file your claim?
2. How many more weeks of state benefits remain to be collected?
3. What base quarters and $$ amounts have been used to establish this claim?
4. What earnings (lag earnings) - $$, quarters - remain from your first employer which were not used in the base year of your current claim?

Depending on lag earnings remaining, the second claim possibly could be as generous as the first and provide EUC - or not, but we need to know the amount of lag earnings remaining.

[mxschwartz]

Thanks for the quick reply.

I didn't know the Federal program was still going in California. I thought it was defunct.

[LIST=1][*] When did you file your claim? 01/06/13[*] How many more weeks of state benefits remain to be collected? 16 weeks[*] What base quarters and $$ amounts have been used to establish this claim? DEC 11 $23k, MAR 12 102, JUN 12 2k, SEPT 12 4k.[*] What earnings (lag earnings) - $$, quarters - remain from your first employer which were not used in the base year of your current claim? That's it.[/LIST]Thanks!

Michael

[Ariadne22]

Originally Posted by mxschwartz

I didn't know the Federal program was still going in California. I thought it was defunct.

No sir. Federal EUC program was extended to the end of this year. CA is currently paying all four federal tiers, for a total of 47 additional weeks:

New Federal Unemployment Insurance Extensions

Originally Posted by mxschwartz

1. When did you file your claim? 01/06/13
2. How many more weeks of state benefits remain to be collected? 16 weeks
3. What base quarters and $$ amounts have been used to establish this claim? DEC 11 $23k, MAR 12 102, JUN 12 2k, SEPT 12 4k.
4. What earnings (lag earnings) - $$, quarters - remain from your first employer which were not used in the base year of your current claim?

As I read the above, your total base year earnings were:

023,000 - 12/11
102,000 - 3/12 (??? - is this number correct?) Were you paid severance?
002,000 - 6/12
004,000 - 9/12
131,000 - Total Base Year Earnings

In CA in order to qualify for EUC, your total base year earnings need to be in excess of 1.5 your high quarter (you don't meet that test), or 40x your weekly benefit, or $18,000 - you easily meet that test.

So, you are eligible for 47 weeks EUC on this claim.

If you work now, when you exhaust your state benefits in July, you will be eligible for a new state claim and lose your EUC from the first claim.

Right now it appears any second claim you might be eligible for would be small, short in duration, and most probably not qualify for EUC.

I assume you worked October-December 2012. What were your earnings that quarter?

Actually, no matter the above number, you should not take this job at this time. Your second claim will be nowhere near as good as what you have now and you will lose those 47 weeks.

[mxschwartz]

Oops.

March 12 was just 102 dollars. Not 102,000.

Does that change the math?

[Ariadne22]

Originally Posted by mxschwartz

Oops.

March 12 was just 102 dollars. Not 102,000.

Does that change the math?

Ok, so your earnings were:

023,000 - 12/11
000,102 - 3/12
002,000 - 6/12
004,000 - 9/12
029,102 - Total Base Year Earnings

No, that doesn't change the math. You are still eligible for 47 weeks EUC on this claim.

In CA in order to qualify for EUC, your total base year earnings need to be in excess of 1.5 your high quarter (you don't meet that test), or 40x your weekly benefit, or $18,000 - you easily meet that test.

Don't take that job at this time. You will lose your EUC. Wait to work until you've begun EUC or, at the very earliest, in July after the turn of the quarter. Any earnings which appear prior to July will throw you into new claim territory at serious financial cost. To be safe, wait to work until AFTER you've begun federal benefits.

Also, if you have any doubts, read this:

Originally Posted by Diego1212

More common than the OP situation is that of a clmt who doesn't have the EUC filed on the old claim prior to establishing a valid new claim that is less than 20 weeks---once that happens, the EUC will be denied based on the more recent claim that is less than 20 weeks and does not meet monetary requirements and EUC not filed on the older claim and there is really not anything the clmt can do.

Diego has been with EDD for 15 years.

[Chyvan]

Ariadne22 isn't saying not to work at the right job, just not this one. If you get a job that you think will be a keeper then it's probably ok to take, but going in knowing that the job is just a 2-1/2 week stint is not in your best interest at this point in your claim.

[mxschwartz]

Thanks to you both for your help.

I have spent hours looking over the websites and find the information so complicated and confusing.

Can you clarify for me: what are the requirements to qualify for the federal extension? So, my 26 weeks of benefits run out at some point. And, apparently the state automatically applies me for the federal extension. What exactly determines if I qualify or not? Can I have had ANY income since filing my unemployment claim? Ariadne said I could start working in July--when the quarter changes; why exactly is that?

THANKS!

Michael

[Ariadne22]

Originally Posted by mxschwartz

I have spent hours looking over the websites and find the information so complicated and confusing.

It is complicated and confusing. That is why we have a FAQS. The state websites explain the programs, but don't explain the qualifications or the pitfalls. And, the states vary in how they administer their unemployment programs.

Originally Posted by mxschwartz

Can you clarify for me: what are the requirements to qualify for the federal extension? So, my 26 weeks of benefits run out at some point. And, apparently the state automatically applies me for the federal extension. What exactly determines if I qualify or not?

Previously clarified, twice - here:

Originally Posted by Ariadne22

As I read the above, your total base year earnings were:

023,000 - 12/11
102,000 - 3/12 (??? - is this number correct?) Were you paid severance?
002,000 - 6/12
004,000 - 9/12
131,000 - Total Base Year Earnings

In CA in order to qualify for EUC, your total base year earnings need to be in excess of 1.5 your high quarter (you don't meet that test), or 40x your weekly benefit, or $18,000 - you easily meet that test.

and, here:

Originally Posted by Ariadne22

023,000 - 12/11
000,102 - 3/12
002,000 - 6/12
004,000 - 9/12
029,102 - Total Base Year Earnings

No, that doesn't change the math. You are still eligible for 47 weeks EUC on this claim.

In CA in order to qualify for EUC, your total base year earnings need to be in excess of 1.5 your high quarter (you don't meet that test), or 40x your weekly benefit, or $18,000 - you easily meet that test.

Was there something about either of the above responses that was not clear? There is no other way to 'clarify.' Your total earnings under your current claim EXCEED $29,000. You only need $18,000 (40x$450) - as I stated twice.

You qualify.

Originally Posted by mxschwartz

Can I have had ANY income since filing my unemployment claim?

Previously answered, here:

Originally Posted by Ariadne22

Requalification Requirements: To requalify for another claim you must have worked and earned at least
(1) $1300 in one quarter, or
(2) at least $900 in your highest quarter and a total of 1.25 times your high quarter earnings during the benefit year of your original claim.

http://www.edd.ca.gov/pdf_pub_ctr/de1275a.pdf

You cannot earn $1,300, possibly as little as $900, depending on your earnings October-December 2012. You did not give a number for that quarter. Did you work Oct.-Dec.?

Originally Posted by mxschwartz

Ariadne said I could start working in July--when the quarter changes;

Actually, I said:

To be safe, wait to work until AFTER you've begun federal benefits.

See below.

Originally Posted by mxschwartz

why exactly is that?

Because you want to begin EUC before being eligible for a new state claim.

Because EUC regulations require, if you are eligible for a new state claim, those state benefits must be paid first before federal benefits.

Because of those EUC regulations, CA must test your earnings through June 2013 when you exhaust your state benefits in July for new state claim eligibility before moving you to EUC. It may even test earnings to the date you exhaust your state benefits.

If your new earnings turn up in CA's database when you exhaust your state benefits, which they should, you will qualify for a new claim. If you qualify for a new state claim immediately upon exhausting your state benefits, you lose EUC.

If that employer is late reporting those earnings, it is remotely possible CA won't find those earnings until October when EUC regs require it test again for a new state claim - but that is a gamble you should not be taking.

FYI - EUC will continue through 12/28/2012, possibly into 2014 if Congress extends the legislation, yet again, which they probably will as the UE rates seem to rising.

Why risk losing up to 47 weeks EUC for $1800?

[Ariadne22]

Originally Posted by Ariadne22

FYI - EUC will continue through 12/28/2012, possibly into 2014 if Congress extends the legislation, yet again, which they probably will as the UE rates seem to rising.

Correct date is 12/28/2013.