CA - If you fill out a W-4 but never work, will you lose unemployment benefits? (file, receive)
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I was offered a job today and filled out a W-4. Upon thinking more about the position and low salary (over $15,000 less than I made at my last job for a similar job and more hours) - I don't think I want to accept the position. I filled out the W-4 because I was offered the position in person and then handed the paperwork to fill out. I filled it out thinking I'd just use the rest of the day to think about whether or not I'd accept the position. I'm in California.
Anyway, since I filled out that form - even if I never start working and don't get paid, is it possible for me to lose unemployment benefits?
I also haven't received any of my unemployment money yet. I originally accidentally filed for the standard base period instead of alternative. When I called over a month ago, the woman fixed it for me and said I should be receiving an amended award statement soon. Over a month and a half later, I have only received claim forms and then gotten letters back that say there is no money available for my claim. I've called 4 times and every time they say it's "pending" and they aren't sure why I'm not getting anything but to 'wait 5 more days then call back".
I was offered a job today and filled out a W-4. Upon thinking more about the position and low salary (over $15,000 less than I made at my last job for a similar job and more hours) - I don't think I want to accept the position. I filled out the W-4 because I was offered the position in person and then handed the paperwork to fill out. I filled it out thinking I'd just use the rest of the day to think about whether or not I'd accept the position. I'm in California.
This absolutely could be an issue as they will likely report that you were on the payroll. Also, if you refuse this position, you need to report it to EDD. If EDD finds out and you did not report, you are facing fraud charges with EDD...and that is a huge mess.
Anyway, since I filled out that form - even if I never start working and don't get paid, is it possible for me to lose unemployment benefits?
Yes, this will trigger a phone interview in which they investigate if you had good cause to turn down the job. The $15000 pay cut may be enough, but the interviewer is going to want to know why you got to the point of filling out the paperwork before reaching that conclusion.
I also haven't received any of my unemployment money yet. I originally accidentally filed for the standard base period instead of alternative.
How? Did you file online and fill in the numbers yourself?
When I called over a month ago, the woman fixed it for me and said I should be receiving an amended award statement soon. Over a month and a half later, I have only received claim forms and then gotten letters back that say there is no money available for my claim. I've called 4 times and every time they say it's "pending" and they aren't sure why I'm not getting anything but to 'wait 5 more days then call back".
Anyone been through that or know how to fix it?
You need to keep insisting. When they say it is pending, ask them why. When they say they don't know, you ask to speak to someone who knows. Politely keep, what I call "asking the next question". Keep asking, push until they have an answer.
Because you were hired. If the company is doing the paperwork the way they are supposed to, all the paperwork is appropriately filed. And in your case, the form would be filed. Possibly they will never report...but if they do, you will have issues with possible fraud.
I also haven't received any of my unemployment money yet. I originally accidentally filed for the standard base period instead of alternative.
When I called over a month ago, the woman fixed it for me and said I should be receiving an amended award statement soon. Over a month and a half later, I have only received claim forms and then gotten letters back that say there is no money available for my claim.
That claim should have been cancelled when you called and the rep said she 'fixed' it for you. She can't 'fix' it for because you don't get to choose your base period. All she can do is cancel it.
If you filed in March, CA must use earnings between October 2011-September 2012 if those earnings create eligibility. CA is not required to provide you the best benefit, only a benefit. That's probably what's holding things up. CA is trying to figure out how now to 'fix' it. Clearly, they couldn't refile for you in April when you called in March.
Your only way of qualifying for a better benefit with a better base period is to withdraw the first claim and refile in another quarter.
Quote:
CANCELLING A CLAIM
You have an option of cancelling a regular California UI claim up
to and including 30 days after the mailing or issuance date of the
Notice of Unemployment Insurance Award, if no benefi ts have been
cashed, and no disqualifi cation has been issued in writing. If a claim
is cancelled, that claim cannot be reopened, but you can fi le a new
claim with a later date.
California may still do this even though it has been over a month. Now that I think about it, this may be the reason you haven't been paid. CA may be waiting to send you forms on a new claim effective in April instead of March.
Last edited by Ariadne22; 04-11-2013 at 11:01 PM..
First, since it is so early in your unemployment you probably can refuse this job on the grounds it is unsuitable because of pay.
Second, you don't get to choose your base period. If you filed in March, CA must use earnings between October 2011-September 2012 if those earnings create eligibility. CA is not required to provide you the best benefit, only a benefit.
Your only way of qualifying with a better base period is to withdraw the first claim and refile in another quarter. If you have not yet received any money on the first claim and it has been less than 30 days since CA has made a determination on your eligibility and benefit, you can withdraw the claim and refile. The rep should have cancelled your claim and told you refile in April.
SInce OP said it had been over a month and a half since she called and got the new determination, I figured the 30 days has passed....
CA bends the rules all the time. After what they did last year on Tier IV, changing the date of this claim should be a piece of cake. I think CA may overlook this 30-day criteria and that is what is causing the holdup - which is why she hasn't been paid. Once money on the claim is paid, it cannot be cancelled.
OP needs to let us know the effective date of the claim and the weeks for which she is actually paid.
I filed feb 17. The rep said I had selected that I did not want to be considered for an alt base period, even though the standard base period meant I was awarded no money because I worked full time from sept-feb. she said she would request that it be changed to alt base period and that i would receive an amended reward.
I filed feb 17. The rep said I had selected that I did not want to be considered for an alt base period, even though the standard base period meant I was awarded no money because I worked full time from sept-feb. she said she would request that it be changed to alt base period and that i would receive an amended reward.
OK, since my first theory has been shot down.....
It shouldn't be taking CA since February to begin to pay you. There might be an issue with the eligibiity of your earnings - were they from a nonprofit by chance?
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