Dear all,

As I explained in a previous thread I was discharged on Dec 2007, after I made a complaint for discrimination. Since that date I've been looking for a job, and then I had to travel abroad for more than a couple of months for urgent personal matters. I've applied to several jobs as a sales engineer, even for less qualified jobs but I've not found a job till now. Mostly of the potential employer ask for talking with my previous employer and it is the hard part of me. My question right now is if I can still apply for employment insurance.

Any advice will be appreciated
:confused:

You can but not for the time you were out of the country. Have you opened a claim yet?
JoeC

Not yet.

But please, What is the procedure? How does it work? I worked for almost three years for that company. And one more question, could you go through more in detail about my travel abroad? it was after I was discharged. In other words what exactly the unemployment insurance covers. I mean my understanding is if I apply for the insurance it would be for the next coming months, wouldn't be? or it would cover the previous months

Thanks a lot for your reply

Well I'll come out of lurking for a minute to give You some basics but I think (believe it or not) joec....or hopefully someone else can answer more specific questions.

You would apply any business day of say...next week. Your benefits would start the Sunday of the week You apply no matter what day you apply, m-f. They would go back something like 12 to 18 months and get a average of your income. Thats what the weekly amount is based on. You don't have to worry about being out of the country in the past because your not collecting for that time period. You need only say you have been out of work and looking but they shouldn't ask anyway.

You would get 26 weeks and I believe Calif approved extended benefits so thats 13 more. If you go away again you simply would not apply for those weeks because your not available for work and they would not count against your benefit weeks. This of course is based on, if your x employer agrees and if not you would appeal and have a hearing with a arbitrator who would decide based on your evidence and your company's evidence of why your not there anymore. I have seen some of your posts but I'm only giving you the basics I really didn't read them, Just the state your in.

I mean my understanding is if I apply for the insurance it would be for the next coming months

Yes, The coming months, not the past months but, it will affect your average income for that time period being out of work. Also I have been out of Calif this last time for 14 years and I have not collected in years but the basics should be about the same. Good luck...BTW...You should have stayed in your original thread so people could read your posts from start to finish in one place, It gives you a better chance of getting correct answers to your questions. JMHO

http://www.edd.ca.gov/Unemployment/Ways_to_File.htm
JoeC

Yesterday, I had my interview with EDD. She asked several questions but always looking for straight answers. After about 10 minutes Q & A, she told me that in about 7-10 days I would receive a letter if EDD denied my benefits, if everything is fine I will receive the checks.

Any clue? Is it an standard procedure?

Yes thats exactly how it goes. If your past employer agrees with your reasons for you not working there then you will have a check in the amount of time EDD told you.

If your past employer fights it then you will be denied and you will appeal and a independent arbitrator will hear both sides (usually by phone) and make a decision.

Good luck and post the news when you get it.

In anycase, I have sent the form EDD send to me to ask for benefits (the one you are requested to fill biweekly to receive a check) becuase I received it two weeks ago and the deadline to send it was on 08/03. My question, right now, is that I forgot to include a job I did for 4 hours in one of those weeks, I mean, in order to get some money I accepted to clean a warehouse, but it was too much work so I left, but in my understanding is that the guy who gave me the job he will pay me, he have not paid me yet, but it's an future income after all.
If I receive the benefits, do I have to declare it? Does EDD can consider it as a job that I refuse? so Could it jeopardize my benefits (if I get them)? I mean, if I have asked for benefits is becuase I want to get a financial relief and try to get job as my previous position (as a sales engineer) but that week I was pretty urged to get some money, so I accepted (but so far I didn't get paid and did not hear from the guy anything). I hear from some forums that for EDD a job is a job regardless if you are overqualified or not.

Please, your comments!!!!

In anycase, I have sent the form EDD send to me to ask for benefits (the one you are requested to fill biweekly to receive a check) becuase I received it two weeks ago and the deadline to send it was on 08/03. My question, right now, is that I forgot to include a job I did for 4 hours in one of those weeks, I mean, in order to get some money I accepted to clean a warehouse, but it was too much work so I left, but in my understanding is that the guy who gave me the job he will pay me, he have not paid me yet, but it's an future income after all.
If I receive the benefits, do I have to declare it? Does EDD can consider it as a job that I refuse? so Could it jeopardize my benefits (if I get them)? I mean, if I have asked for benefits is becuase I want to get a financial relief and try to get job as my previous position (as a sales engineer) but that week I was pretty urged to get some money, so I accepted (but so far I didn't get paid and did not hear from the guy anything). I hear from some forums that for EDD a job is a job regardless if you are overqualified or not.
Please, your comments!!!!
Do yourself a favor and forget that job. Everything you say above is correct. It was a job, you did refuse it and it was income. I can't say much more.

First, you should not be afraid to list your previous employer as a reference. An employer may not disparage you in his communications with your prospective employee as this would be both defamation and misdemeanor under California law.

In anycase, I have sent the form EDD send to me to ask for benefits (the one you are requested to fill biweekly to receive a check) becuase I received it two weeks ago and the deadline to send it was on 08/03. My question, right now, is that I forgot to include a job I did for 4 hours in one of those weeks, I mean, in order to get some money I accepted to clean a warehouse, but it was too much work so I left, but in my understanding is that the guy who gave me the job he will pay me, he have not paid me yet, but it's an future income after all.
If I receive the benefits, do I have to declare it? Does EDD can consider it as a job that I refuse? so Could it jeopardize my benefits (if I get them)? I mean, if I have asked for benefits is becuase I want to get a financial relief and try to get job as my previous position (as a sales engineer) but that week I was pretty urged to get some money, so I accepted (but so far I didn't get paid and did not hear from the guy anything). I hear from some forums that for EDD a job is a job regardless if you are overqualified or not.

Please, your comments!!!!

Did you get your benefits?

I did not get the benefits.
I am really disappointment about the process, I explained my version, but the employer version has more weight. Even though, I was fired because I claim discrimination, what my former employer said was enough to be denied to benefits. The best part is that exactly the same day I received the denied benefits I got a job with a complete package of benefits (health, dental, vision, etc.).
Right now, I am waiting for getting the Right to Sue letter from FEHA to start a process against my former employer.
So far, I think that when you face discrimination FEHA is a waste of time, and the employer can be a pain in..... if he or she wants.

Thanks!!!:(

OK, Thanks for the reply. I was wondering how it went.

Congrats on the new job.

Dear all,

As I explained in a previous thread I was discharged on Dec 2007, after I made a complaint for discrimination. Since that date I've been looking for a job, and then I had to travel abroad for more than a couple of months for urgent personal matters. I've applied to several jobs as a sales engineer, even for less qualified jobs but I've not found a job till now. Mostly of the potential employer ask for talking with my previous employer and it is the hard part of me. My question right now is if I can still apply for employment insurance.

Any advice will be appreciated
:confused:
If you are in need of money, have you considered evaluating whether or not you were truly exempt from overtime pay? If, in fact, you were truly non exempt, you may be able to pursue your overtime wages going back up to 4 years from the date you file a lawsuit (or a tolling agreement is in place).