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I read through a good amount of the "out of country" related threads, but figure that it might be easier if i just ask the question. I also tried calling EDD this morning but couldn't get a live person to talk to me...
Anyway, I was let go by my company yesterday (Monday 12/16/13) for workforce reduction - I filed a claim right away and my old HR confirmed that it will tell EDD the same reason so that I am eligible for unemployment benefits. However, I just found out about a family emergency late last night and will have to leave the country by the end of this week, I will return in hopefully 2-3 weeks.
Now, I understand that I shouldn't be collecting unemployment benefits if I am out of the country - and that is totally fine; however, I also read that EDD will no longer process my claim if I don't respond for 2 weeks (and i'll be gone for slightly more than that). So I am wondering if there is any way for me to file a claim, not collect unemployment benefit for 2-3 weeks while I am gone, and start collecting unemployment benefit when I am back without jeopardizing my eligibility?
Since I haven't received anything from EDD (the website said it could take up to 10 days to mail me), I really have no clue what I should do next - since the forms/documents won't arrive in time for me to complete it - most likely won't have a chance to do phone interview with EDD either.
Thanks,
Jeff
***by the way, I am filing my claim in California.
Last edited by jefflyman921; 12-17-2013 at 06:39 PM..
Reason: Wrong date
however, I also read that EDD will no longer process my claim if I don't respond for 2 weeks
Not sure where you read this, but if this is true, refile the claim in January when you return.
Base year earnings by filing date:
December 2013 - will be July 2012-June 2013.
January 5, 2014 or later - will be October 2012-September 2013.
Just refile next year when you return - unless your base-year earnings in the later period are substantially lower.
Normally, if you aren't paid a benefit for even one week, CA closes/suspends the claim. You need to call to reopen. You can't file claims and not get paid without calling CA first to explain - unless you're serving a disqualification period, which is not your situation.
Last edited by Ariadne22; 12-17-2013 at 08:27 PM..
Thank you for your response. So I can just reopen (or re-file, not sure exactly what the difference is) when I come back to California? And just ignore my "first" claim since it is no longer applicable? Would I only then be qualify for 26 (half year) - 3 (weeks i'm gone) = 23 weeks of unemployment benefits?
I got the 2 weeks from somewhere on the forum - says that my claim will be closed if I don't respond for 2 weeks - and since I won't be filing for 2 weeks (or at least claiming that I'm actively looking for jobs), I'm worried that I won't be eligible for unemployment benefits when I return.
and thank you for the Base year earning by filing date explanation.
Filing is what you do when you "open" a new claim. You can do that about once per year unless you have earnings from another state, and then all kinds of crazy things can happen.
"Reopening" is what you do when you have a claim already established. When it's all in one state, you can't refile until your year is up, but you can "reopen" the claim.
Also, do NOT ever listen to your company's HR department about your UI claim. They pay it and have enormous incentive to mess you up, and it does happen. They tell people they are being laid off, and then tell EDD that the employee was fired. They tell people "quit or be fired," and then only show EDD the claimant's letter of resignation, deny saying the employee would be fired, and you guessed it, the employee gets denied.
Before you head out of the country, you make arrangements for someone to get your mail. You may find that you were denied, and because you were gone for two to three weeks, your appeal window has closed.
So I can just reopen (or re-file, not sure exactly what the difference is) when I come back to California? And just ignore my "first" claim since it is no longer applicable? Would I only then be qualify for 26 (half year) - 3 (weeks i'm gone) = 23 weeks of unemployment benefits?
You can withdraw the claim now and refile a new application when you return, or you can let the claim application stand and reopen when you return.
Your absence does NOT affect the number of weeks you can claim. Total base-year earnings/weekly benefit do. These can be impacted by when you file - not necessarily the fact that you delayed filing for three weeks - unless you are losing a quarter of earnings in your base-year by filing later. Which is why I mentioned base periods above.
Based on this:
Quote:
Originally Posted by jefflyman921
I got the 2 weeks from somewhere on the forum - says that my claim will be closed if I don't respond for 2 weeks - and since I won't be filing for 2 weeks (or at least claiming that I'm actively looking for jobs), I'm worried that I won't be eligible for unemployment benefits when I return.
You've misunderstood what you read on the forum. I thought you might have found some definitive language from CA on that issue - which would be a first, as I've never heard this before.
Therefore....
The fact is - unless you call CA now to withdraw that claim, that claim will remain on the books for you to reopen when you return, at which time you complete the process.
If the later base year is more advantageous for you, call CA now, ask to withdraw the claim, and refile when you return. Doing that also avoids the Catch22 mentioned by Chyvan if there are any employer issues on the claim, as you will be here to deal with them. This would be my recommendation - base-year earnings permitting.
You are eligible for benefits as long as there are base-year earnings available to support a claim. You are not required to file immediately upon losing a job. It is often best NOT to file when one is immediately laid off. The better thing to do before filing is to review base-year earnings, and other issues (such as your out of country travel), and file at the most advantageous time for you.
Suggest you download and read the CA handbook, here:
Hi I was out of the country and went on the unemployment website and logged on while trying to fix my with holding the ceiling starts leaking in my room causing my phone to get wet. When trying to exit out of the system a message comes up stating you can't claim while out of the country. Once I got back it was a message in my email stating that I had to fill out a form because of this. I had to send in my flight itinerary, passport information, and my license. A little over a month I receive a letter of determination stating your unemployment benefits are reduced by 4 days until 9/21/18. What does that mean? Do it mean I'm only being penalized for 4 days and could claim after or I can't claim until that date?
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