Unemployment Question

NEW -> Contingent Buyer Assistance Program
S

screwrealestate_IHB

New member
So here is a question for anyone who may have experience with this. My wife was an independant spanish interpreter for a few years until she stopped when we had our baby 6 months ago. Her income was always on 1099-miscs and she was never directly on anyone's payroll. She wouldn't mind going to work again but the agencies she worked for are saying things are really slow and she won't get enough hours to warrant paying for daycare. Can she apply for unemployment, our own little Bailout? Looking through the documentation they indicate you need to have been involuntarily laid off or be unable to find a job. Do you need to look for any kind of job to qualify, cause with the 8.4% unemployment rate this would obviously not be easy or cover daycare costs working at McDonalds. Any help before we go to the office would be great!



I figure everyone else and their brother is getting a handout and I've played it straight forever and gotten squat for my efforts! Just got the news today at my work (Aerospace Materials Engineer) that Merit raises will be delayed and our year end bonuses are in Jeopardy. Just when I think maybe my pay raises will FINALLY outpace inflation....NOPE!!!



Thanks!
 
He seems to know a lot about taxes and employment (and he also seems very helpful) so I'd try to PM Ipoplaya.
 
[quote author="screwrealestate" date=1231507140]So here is a question for anyone who may have experience with this. My wife was an independant spanish interpreter for a few years until she stopped when we had our baby 6 months ago. Her income was always on 1099-miscs and she was never directly on anyone's payroll. She wouldn't mind going to work again but the agencies she worked for are saying things are really slow and she won't get enough hours to warrant paying for daycare. Can she apply for unemployment, our own little Bailout? Looking through the documentation they indicate you need to have been involuntarily laid off or be unable to find a job. Do you need to look for any kind of job to qualify, cause with the 8.4% unemployment rate this would obviously not be easy or cover daycare costs working at McDonalds. Any help before we go to the office would be great!



I figure everyone else and their brother is getting a handout and I've played it straight forever and gotten squat for my efforts! Just got the news today at my work (Aerospace Materials Engineer) that Merit raises will be delayed and our year end bonuses are in Jeopardy. Just when I think maybe my pay raises will FINALLY outpace inflation....NOPE!!!



Thanks!</blockquote>


UI is a combination federal-state system that is funded by employers. Employers report wages to the EDD and those wages establish the benefit amount a person is entitled to collect. As your wife was self-employed, hence the 1099 vs. a W-2, she had no wages reported for her and no employer paid in to the system on her behalf. Employers pay a combination of unemployment taxes to both the state (SUTA) and federal level (FUTA). She should not qualify for benefits.



The SDI (disability) programs is similar as well as eligibility is based on wages although the employee pays into that system. There is voluntary/elective SDI for the self-employed in CA but no such program (as far as I know) to cover "employment" gaps for the self-employed...
 
She doesn't qualify for unemployment - she left voluntarily and in order to collect she'd have to be actively seeking a job and willing to accept it if she found one. There's a whole bunch of other stuff about qualifying terms, but the short answer is no.
 
[quote author="ipoplaya" date=1231512490][quote author="screwrealestate" date=1231507140]So here is a question for anyone who may have experience with this. My wife was an independant spanish interpreter for a few years until she stopped when we had our baby 6 months ago. Her income was always on 1099-miscs and she was never directly on anyone's payroll. She wouldn't mind going to work again but the agencies she worked for are saying things are really slow and she won't get enough hours to warrant paying for daycare. Can she apply for unemployment, our own little Bailout? Looking through the documentation they indicate you need to have been involuntarily laid off or be unable to find a job. Do you need to look for any kind of job to qualify, cause with the 8.4% unemployment rate this would obviously not be easy or cover daycare costs working at McDonalds. Any help before we go to the office would be great!



I figure everyone else and their brother is getting a handout and I've played it straight forever and gotten squat for my efforts! Just got the news today at my work (Aerospace Materials Engineer) that Merit raises will be delayed and our year end bonuses are in Jeopardy. Just when I think maybe my pay raises will FINALLY outpace inflation....NOPE!!!



Thanks!</blockquote>


UI is a combination federal-state system that is funded by employers. Employers report wages to the EDD and those wages establish the benefit amount a person is entitled to collect. As your wife was self-employed, hence the 1099 vs. a W-2, she had no wages reported for her and no employer paid in to the system on her behalf. Employers pay a combination of unemployment taxes to both the state (SUTA) and federal level (FUTA). She should not qualify for benefits.



The SDI (disability) programs is similar as well as eligibility is based on wages although the employee pays into that system. There is voluntary/elective SDI for the self-employed in CA but no such program (as far as I know) to cover "employment" gaps for the self-employed...</blockquote>


does anybody know how much the maximum pay is and for how long?
 
[quote author="ocrebel" date=1231513605][quote author="ipoplaya" date=1231512490][quote author="screwrealestate" date=1231507140]So here is a question for anyone who may have experience with this. My wife was an independant spanish interpreter for a few years until she stopped when we had our baby 6 months ago. Her income was always on 1099-miscs and she was never directly on anyone's payroll. She wouldn't mind going to work again but the agencies she worked for are saying things are really slow and she won't get enough hours to warrant paying for daycare. Can she apply for unemployment, our own little Bailout? Looking through the documentation they indicate you need to have been involuntarily laid off or be unable to find a job. Do you need to look for any kind of job to qualify, cause with the 8.4% unemployment rate this would obviously not be easy or cover daycare costs working at McDonalds. Any help before we go to the office would be great!



I figure everyone else and their brother is getting a handout and I've played it straight forever and gotten squat for my efforts! Just got the news today at my work (Aerospace Materials Engineer) that Merit raises will be delayed and our year end bonuses are in Jeopardy. Just when I think maybe my pay raises will FINALLY outpace inflation....NOPE!!!



Thanks!</blockquote>


UI is a combination federal-state system that is funded by employers. Employers report wages to the EDD and those wages establish the benefit amount a person is entitled to collect. As your wife was self-employed, hence the 1099 vs. a W-2, she had no wages reported for her and no employer paid in to the system on her behalf. Employers pay a combination of unemployment taxes to both the state (SUTA) and federal level (FUTA). She should not qualify for benefits.



The SDI (disability) programs is similar as well as eligibility is based on wages although the employee pays into that system. There is voluntary/elective SDI for the self-employed in CA but no such program (as far as I know) to cover "employment" gaps for the self-employed...</blockquote>


does anybody know how much the maximum pay is and for how long?</blockquote>
I received my first unemployment check...it's $450 per week ($900 total because they pay for 2 weeks at a time). The initial time for unemployment benefits is 6 months but with extensions you can get benefits for up to 57 weeks.
 
[quote author="ocrebel" date=1231513605]



does anybody know how much the maximum pay is and for how long?</blockquote>


<a href="http://www.edd.ca.gov/pdf_pub_ctr/de1101bt5.pdf">Benefit table is here.</a> Having recently been laying off a number of people from my company, I've been fielding lots of UI questions of late...
 
Thanks for the responses. She never paid into the unemployment insurance for self-employed people before so she wouldn't qualify for either the employer sponsored or the self-employed. I was hoping that since now she would be basically starting over 6 months later she may qualify if we do the right things. Would she need to go and apply for jobs through the state so they can see she is trying before determining her eligibility? Anyone every been through this?
 
[quote author="screwrealestate" date=1231545705]Thanks for the responses. She never paid into the unemployment insurance for self-employed people before so she wouldn't qualify for either the employer sponsored or the self-employed. I was hoping that since now she would be basically starting over 6 months later she may qualify if we do the right things. Would she need to go and apply for jobs through the state so they can see she is trying before determining her eligibility? Anyone every been through this?</blockquote>
In order to qualify, she must have paid insurance premiums into the system. The only way to do that is to be employed and either pay them yourself or have the employer pay them. As a rule, voluntarily ending employment disqualifies you for unemployment insurance payments. Unless you tell them something different than what you have told us, attempting to get unemployment insurance payments is going to be a waste of your time.
 
[quote author="screwrealestate" date=1231545705]Thanks for the responses. She never paid into the unemployment insurance for self-employed people before so she wouldn't qualify for either the employer sponsored or the self-employed. I was hoping that since now she would be basically starting over 6 months later she may qualify if we do the right things. Would she need to go and apply for jobs through the state so they can see she is trying before determining her eligibility? Anyone every been through this?</blockquote>


If you want to try and file a claim, there is no harm in it. They will just likely say she is not eligible. Will be a waste of time.



Benefts amount are based on recent historical wage info, so she needs a job with wages to start paying into the system. It take a quarter or two of employment to get there though. She can't just work for a week and starting collecting a benefit if she gets fired.
 
Can you apply for unemployment insurance if you are not working 40 hours a week? This is not by choice, company decided to lower everyone hours, some are working 24 and other are working 32 hours.



Thanks
 
[quote author="tulip" date=1231671519]Can you apply for unemployment insurance if you are not working 40 hours a week? This is not by choice, company decided to lower everyone hours, some are working 24 and other are working 32 hours.



Thanks</blockquote>


No. Underemployemnt isn't the same as getting dumped. There is no underemployent insurance.
 
[quote author="no_vaseline" date=1231747453][quote author="tulip" date=1231671519]Can you apply for unemployment insurance if you are not working 40 hours a week? This is not by choice, company decided to lower everyone hours, some are working 24 and other are working 32 hours.



Thanks</blockquote>


No. Underemployemnt isn't the same as getting dumped. There is no underemployent insurance.</blockquote>


A cut-back in hours is included in the unemployment insurance program, under some very limited circumstances. See California EDD instructions DE4209, and Form DE2063.
 
[quote author="GoIllini" date=1231757624][quote author="no_vaseline" date=1231747453][quote author="tulip" date=1231671519]Can you apply for unemployment insurance if you are not working 40 hours a week? This is not by choice, company decided to lower everyone hours, some are working 24 and other are working 32 hours.



Thanks</blockquote>


No. Underemployemnt isn't the same as getting dumped. There is no underemployent insurance.</blockquote>


A cut-back in hours is included in the unemployment insurance program, under some very limited circumstances. See California EDD instructions DE4209, and Form DE2063.</blockquote>


I stand corrected. Thank you for pointing it out.



<img src="http://cabluey.files.wordpress.com/2008/02/im-with-stupid.png" alt="" />
 
To be honest, the rules are one thing, but reality is another. I wonder if it's just getting 'easier' b/c they're so busy these days. You would think w/money being a limited resource they'd fight tooth and nail for each dollar. Maybe they have a printing press?



I know of cases where employees have stolen, walked off the job (no call, no show), caused $10k+ in damage, etc. and they got unemployment. As far as I can tell, all they do is show up at the hearing and the judge somehow decides in their favor. The secret shopper cases are even worse. It's often word against word, and some companies won't send their secret shoppers to testify for fear of giving away their identity. Employee wins by default, sadly.



I'm not HR, but I know a PHR and I've heard the tales.
 
You must log in or register to reply here.
Back
Top