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I hope I can get some advice from people with personal experience in this. I got a job 9/1/16 and was laid off due to the company not having enough money on 4/14/17. Three of us were laid off at the same time for this reason.
I signed a contract with the company when I was brought on which gave me a monthly salary and no end date. They called me an independent contractor, but by California state law I was not. I was legally treated as an employee.
I worked full-time and I was unable to work for anyone else other than this company. I had to go to scheduled meetings every morning, I had to use company equipment (which was returned to them upon being laid off) I had to go into an office some days per week locally, and I had to travel to Los Angeles several times to the office down there and the company reimbursed me 100% for this travel, accommodation, food while I was down there. There are many other points that make me an employee legally, I can go into more detail if necessary.
I have proof of all of this in screen shots and messages/emails.
I just applied for unemployment and it looks like they grabbed my employer PREVIOUS to the one who laid me off and on the form it says that they're the ones paying my unemployment!
Not only is this incorrect, it's kind of embarrassing considering I quit that job for the one was laid off for!
I plan on calling the UI office in the morning, but what is the correct language I should use? Should I tell them that they got the wrong employer, or that even tho I was labeled as an IC by the company that per the law I was 100% an employee of this company? I'm not sure who to talk to or what to say to push this forward successfully.
Any and all feedback would be much appreciated! I'll answer any questions to the best of my ability.
Last edited by krawhitham; 04-20-2017 at 04:04 PM..
Reason: Gramatical error
UI uses ALL employers in the base period. Since wages 9/1 to 12/31 would be from this "contract" job, would it even materially affect your weekly benefit amount or the number of weeks?
If not, you need to shut up and just let things play out. I'm assuming when you applied you put this "contract" job as your employer. You've lied about nothing. You just need to get your UI started and the money coming in. I'm assuming you're broke.
If you start saying "I was really an employee," and "you're using the wrong employer," you'll just put yourself on a path of getting your wages reclassified (you'll probably succeed) but it will take around 10 weeks during which time you'll have no money coming in.
Take what you can get now, and deal with the technicalities later.
Pay attention to ES1075's plight. Started in Nov, and didn't finish until Jan. You have the chance to wrap things up because you don't need this "job's" earnings. Your prior job accomplished that, and then you can just focus on the separation issue, and you were "laid off" after all.
Thanks for the reply Chyvan, to answer your question: YES it would greatly increase my benefits! I worked part-time at the previous employer that they're currently using, and on top of that I was getting paid HALF of what the "contract" employer paid me!
I looked at the schedule on the UI website and I would be getting $450 a week in UI benefits if they use my "contract" employer, not the one they're using now where I worked part-time for half the money!
I may misunderstand what you're saying - but I should take this now - AND fight for unemployment at the higher rate at the same time? I'm just not sure what you mean by "Deal with the technicalities later"
The thread you linked to is extremely helpful. I can call them tomorrow morning and request to be reclassified as an employee on the 1099. Will plan on it taking 10 weeks.
I may misunderstand what you're saying - but I should take this now - AND fight for unemployment at the higher rate at the same time?
No. All my earlier advice was that you took a new job with the typical 10 to 15% bump in pay. I was going with the theory that an additional quarter of wages would do you little to no good, but with it being your high wage quarter and twice the money, it changes things.
Because you clarified your earnings history, I agree that you need to slug it out. First step is the "monetary" appeal to get the wages reclassified, and endure the wait.
No. All my earlier advice was that you took a new job with the typical 10 to 15% bump in pay. I was going with the theory that an additional quarter of wages would do you little to no good, but with it being your high wage quarter and twice the money, it changes things.
Because you clarified your earnings history, I agree that you need to slug it out. First step is the "monetary" appeal to get the wages reclassified, and endure the wait.
EXCELLENT to know, thank you for the reply! I will call tomorrow morning and request the appeal to get the wages reclassified and stock up on cheap tequila
I will post updates on this thread as I get them, for anyone else who is interested in this process.
Update: I just got off of the phone with California EDD offices, and the woman I spoke to said that California triggers an automatic audit of the previous employer if it's a 1099, so an auditor will be investigating in the next 10-15 days. They said if I call back next week I will likely be able to get the auditor's information to speak directly to them and provide any documents I may have to prove my case.
If the auditor contacts my previous "contract" employer and they give them the go-ahead saying I was actually misclassified and that I was actually an employee then they won't need any documents from me.
So, will be calling back next Friday to see where this stands.
I'll be sending in the UI forms on schedule and the woman on the phone said if the adjuster finds I was an employee, my claim amount will be adjusted.
Update: I received a letter from EDD in the mail yesterday (Saturday) saying they needed information by 4/27 (Friday) which includes filling out an Affidavit of Wages form provided by them, along with proof that I was paid by my "contract" company, how I was paid and what amounts / dates of work. All of that will be mailed out Monday.
Update: I got confirmation that the "investigation" will take a full 4-8 weeks depending on the information found. So, I'm looking at sometime around June 19th-ish that my benefits *may* be adjusted to reflect the wages I earned in my "contract" job. I'll let the investigation go just to see what happens although I'll probably have another job by then.
Edited to add: It's much easier to communicate with the EDD in California through their EDD Online portal. They gave me an online confirmation number in the mail when my benefits came thru the mail, and I've just been emailing them thru the online portal ever since. Very thorough and quick to respond so far. I've never actually been able to get thru on the phone, so the online option is saving me.
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