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Old 05-26-2013, 01:23 AM
 
3 posts, read 11,095 times
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Hello,

I am sorry if this question has been asked and answered before (I expected it would have been) but I searched and could not find anything specific to my situation...

I live in California and this is regarding filing for Unemployment Benefits here...

As I understand it, the "base period" for determining unemployment benefits is the first four quarters of the last five completed quarters; meaning the quarter in which I file and the preceding quarter are not included in the base period, only the four quarters prior to that.

I worked for the same company for 17 years, however the company closed its doors and I was laid-off from work on the 25th of May. If I file immediately the base period to determine my benefits would be Jan-Dec of 2012; however, my first quarter of 2013 (January-March) earnings are significantly higher than any of the previous quarters.

Can I delay filing on my May lay-off until July in order to have the first quarter of 2013 included in the "base period" and thus significantly increasing my weekly benefit amount? The difference in benefits will literally mean the difference between staying in my apartment or being forced to move out and be homeless.

I have never been laid-off or filed for unemployment before, and this is a very depressing and uncertain time for me... I appreciate any help regarding this issue.

Thank you!

Mags
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Old 05-26-2013, 05:31 AM
 
14,500 posts, read 31,069,269 times
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You can wait, but understand that claims are backdated to the prior Sunday. Do not file on July 1 thinking that all will be good with what you expect. Looking at the calandar, you'd need to file on July 8 for what you propose to work as planned, and that's a long wait.
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Old 05-26-2013, 09:48 AM
 
3 posts, read 11,095 times
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Thank you for the reply

Yes it is a long wait (about six weeks) but I am figuring if I can live off what I have on hand and some hand outs of friends, it would be much better in the long run...

By my calculations, if I file now I will qualify for $287 per week, but if I am able to wait and file on July 8, I will qualify for $402 per week... that is a difference of $460 per month! That $460 is almost 2/3 my rent and will allow me to stay in my apartment while I search for new work.

Thank you for mentioning about the back dating to the previous Sunday, I would likely had filed the first week of July and screwed myself, and after waiting the weeks only to miss the mark by a day would have been devastating!

I believe I can wait the six weeks and file on July 8, I just need to be sure that this is acceptable/legal to the EDD and that I will not lose benefits entirely because of some filing deadline or that the date of layoff (May 25) would be used anyway.

When filing on July 8 would I put that day as my layoff day or do I still put May 25?

Thank you very much!

Mags
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Old 05-26-2013, 10:35 AM
 
14,500 posts, read 31,069,269 times
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You're doing nothing illegal. Knowing the rules to maximize your UI benefit is something that I wish all claimants understood.

Your benefits are determined by the filing date, not the lay off date. You just answer the questions they present you with the truth (may 25), and don't give it a second thought.

There is already stories on here of claimants that file in the last week of a quarter, and EDD will send two monetary awards and let the claimant pick which one is best for them, but usually the question to us is from confusion. You'ld have known the difference, but to make it easier, you just file on July 8.
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Old 05-26-2013, 10:54 AM
 
3 posts, read 11,095 times
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Thank you Chyvan! :-)

This is a HUGE relief to me, the worry about the very real prospect of being homeless has been all I could think about since the layoff (i.e. instead of making plans on how I was going to find new work). After all, it is difficult to think about writing a resume and where I can begin searching when my thoughts are dominated by where will I store my stuff and where can I park my car to get some sleep once I am out of my apartment.

I have never been without a job in 28 years, including 17 years at the job I just lost; for me to say that I am a bit overwhelmed and worried would be a profound understatement. However, you have helped me greatly, and knowing that if I can wait, I will be able to maximize the benefits and be able to stay in my home...

With that burden off my shoulders I can focus on finding a new job and getting off Unemployment ASAP.

You help has been more of a blessing to me than you know!

Thank you,

Mags
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Old 04-02-2014, 05:55 PM
 
1 posts, read 3,217 times
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Default Results?

Hi OP,

Just wondering how your situation turned out? I am unfortunately in the same situation and wanted to see how the delayed filing worked out for you?

Best,
D
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Old 04-02-2014, 09:53 PM
 
Location: Wisconsin
25,581 posts, read 56,466,951 times
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Quote:
Originally Posted by Dance81 View Post
Just wondering how your situation turned out? I am unfortunately in the same situation and wanted to see how the delayed filing worked out for you?
There is nothing to wonder about. It is perfectly legal to delay filing for UE benefits if it is to your advantage. As discussed upthread, examine your base period earnings and make the decision accordingly. It's legal, not hard. and has been done routinely by those familiar with how the UE system works.
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