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Looking for advice on partial unemployment California

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  • Looking for advice on partial unemployment California

    Background:

    I was furloughed one day a week three weeks ago and this is the second time I've been furloughed (last time was between Feb 2009-June 2009...I did not use partial UI then).

    My hours are not steady during this furlough: week 1= full 40 hrs, week 2=32hrs, week 3=36 hours, week 4=32 hours.

    Now looking to the future I could potentially see my hours bouncing between 24 and 40 any given week. How does this impact partial UI?



    Second to the above question does anyone have any advice on when the best time to file is given the following scenario (which is my prediction for the company)

    I may be cut to 3 days a week soon for 1-2 months before the firm decides to temporarily close for 1-2 months....then when work builds up I would be brought back at 40 hours for a few months before again going into furlough and an eventual permanent closure/layoff.

    In an on and off scenario like the above is it bad to start partial UI early? And how does it work if claim partial benefits for a few months then go back to full time for a few months only to go back to a furlough and eventual layoff. (IE does it preclude me getting benefits later and or shorten my 26 weeks?)

    My employer and I have already chatted and they said its fine if I use UI now.

    Also is there any strategy I can employ to make sure I am paid for my PTO and vacation time if the company eventually closes?

    I'm semi-close to the owner and many of you will probably think I've made stupid mistakes such as: Allowing my hours to drop even though my contract says I'm to be employed 40 hours a week (I figured if I refused I would just get laid off) and I my contract says as of January 2010 I should get an extra weeks vacation (here the owner said they couldn't afford it and I just went along with it because I want to keep my job). Am I doing the right thing in being flexible?

    Thanks for all your help! I'm still young and naive about all these things!

  • #2
    The sooner you file your UI claim, the sooner they will start paying. I believe there is a one week waiting period, so you don't want to delay; you want to get that week out of the way. Particularly since the EDD is completely overwhelmed and it's taking much, much longer than usual to process claims.

    You don't need a strategy to get paid outstanding vacation or PTO if the company closes; it's state law in your state that it MUST be paid.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      In Ca. you can file for UI benefits if you are unemployed or working less than full time. There is a one week waiting period for benefits.
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