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I'm unclear on when I can/should start claiming unemployment, and if I have already missed some weeks. Here is my situation:
- My small, 6 person firm is going out of business
- The last day I was "in the office" was October 31, 2014. The firm moved out of the office that date, though we have all kept in touch winding a few things down.
- The firm offered to keep our health insurance going and pay us through January 31, 2015.
- In the interim, there hasn't been much "work", but there have been one or two random things to address via email.
- My pay through January was just paid out on December 4, 2014 in advance (some via a SEP-IRA, some via the usual payroll process). I won't receive anymore pay, though I still have health insurance through Jan 31 2015.
- This is in the state of California.
I initially thought I could start claiming UI as of January 31, 2015. Now I'm wondering if I should have filed a claim immediately as of Oct 31? Or can I claim that I did some minor work (answering emails, being on call to some extent) in the interim, and my last date was Dec 4? My preference is to start the claim as late as possible.
Is this affected by how my employer winds down the business---when they claim they went out of business with the state, etc?
Thanks for any help, things are murky because we were a small firm without the usual HR luxuries.
Work for UI purposes is work for money. When you get money and don't have to do work to get it, it becomes debateable. Since the "work" is spotty, apply now, and let the state sort it out. With your employer going out of business, I doubt they will be agressive at arguing about just how much "work" you do. However, since you were paid up front, take the money, treat it as severance, get your UI, and don't do anymore work for them. You're employer doesn't have to say, "you're fired," to have it be a termination. All it takes is your employer depriving you of earnings where you would get more on UI than be working to get you into the system.
I'm unclear on when I can/should start claiming unemployment, and if I have already missed some weeks. Here is my situation:
- My small, 6 person firm is going out of business
- The last day I was "in the office" was October 31, 2014. The firm moved out of the office that date, though we have all kept in touch winding a few things down.
- The firm offered to keep our health insurance going and pay us through January 31, 2015.
- In the interim, there hasn't been much "work", but there have been one or two random things to address via email.
- My pay through January was just paid out on December 4, 2014 in advance (some via a SEP-IRA, some via the usual payroll process). I won't receive anymore pay, though I still have health insurance through Jan 31 2015.
- This is in the state of California.
I initially thought I could start claiming UI as of January 31, 2015. Now I'm wondering if I should have filed a claim immediately as of Oct 31? Or can I claim that I did some minor work (answering emails, being on call to some extent) in the interim, and my last date was Dec 4? My preference is to start the claim as late as possible.
Is this affected by how my employer winds down the business---when they claim they went out of business with the state, etc?
Thanks for any help, things are murky because we were a small firm without the usual HR luxuries.
Your entitlement to benefits begins when your employer stops paying you. Doesn't matter when they go out of business.
You don't get benefits back to the date of termination. You get benefits beginning the date you actually apply for benefits - i.e., when you stop receiving your pay. Any advance payments through January may be considered severance. In CA, severance is ignored. Unless your employer has specifically designated these payments as wages through January, CA will most likely ignore them since this money has already been paid in December.
If you continue to work here and there for that company after you file your claim, report those earnings when you claim benefits for that week. Payment of health insurance through Jan 2015 does not affect this claim in anyway, either.
How long have you been with this company? If you've been there nine months or more, apply now. Otherwise, wait until Jan. 4 to capture another quarter of earnings into the base-period which will serve to possibly extend the number of weeks benefits are paid.
CA calculates weekly benefit on basis of high quarter, number of weeks paid by dividing 50% of total base-period earnings by weekly benefit. If you apply now, base period is July 2013-June 2014. If you apply Jan. 4 or later, base period is October 2013-September 2014.
WBA table and everything else you need to know in CA handbook, here:
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