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Old 09-25-2014, 07:46 PM
 
24 posts, read 27,151 times
Reputation: 11

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Hello all,
I just wanted to know if I should anticipate any problems with receiving my first benefit check. I am located in California and am serving a five week penalty from a previous claim, and sent in my 2nd claim form yesterday, my penalty is set to expire around the 10th of October. I am set to be receiving the full amount ($450 a week)
I was discharged from my new job about a month ago after two weeks for not being the right fit and began my UI claim that day, and my previous job only calls me for part-time, on call work (intermittent to fill in shifts as needed, have only worked one day in the past month) as they claim they do not have any positions avaliable for me.
I did not get paid this week by that employer as regularly scheduled and they are looking into the matter. I do not plan on taking another shift until the matter is resolved and I am paid.
My question is, I already filled in that I worked and would be getting paid the amount of money I agreed to be paid (Less than $100)
1. Will this interfere with my benefits?
2. Will UI contact that employer and ask them why I am no longer working? I am scared that the employer will throw me under the bus and say that I refused work due to me not taking shifts due to the problem with receiving payment?
3. Should I quit taking shifts there due to this mess?
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Old 09-25-2014, 08:08 PM
 
14,500 posts, read 31,220,583 times
Reputation: 2562
Quote:
Originally Posted by AnxiousDude View Post
1. Will this interfere with my benefits?
2. Will UI contact that employer and ask them why I am no longer working? I am scared that the employer will throw me under the bus and say that I refused work due to me not taking shifts due to the problem with receiving payment?
3. Should I quit taking shifts there due to this mess?
It could.

EDD will want to investigate any possible separation from employment.

NO! You could have made a great case to refuse the job as unsuitable, but once you accepted it, it became suitable to you. You need to keep doing it until they tell you it's over, or they just stop calling you.
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Old 09-25-2014, 09:19 PM
 
24 posts, read 27,151 times
Reputation: 11
I resigned my position from that employer to accept the position that I was shortly laid off from and they call me for work intermittently. When I asked if they have any positions avaliable similar to my previous one, they said that they did not have any. Good enough? Should I expect another phone interview?
Would the "they didn't pay me on time" thing fly as a grounds for no longer accepting work from them?
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Old 09-25-2014, 10:17 PM
 
14,500 posts, read 31,220,583 times
Reputation: 2562
You can generally quit a job for a BETTER job, and when the better job doesn't work out, that's ok.

Also, everything is about the LAST employer. Let's call the on-call Company A and the job that just laid you off Company B.

Since being laid off from Company B and getting benefits, have you done any work for Company A?
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Old 09-25-2014, 11:07 PM
 
24 posts, read 27,151 times
Reputation: 11
Yes. I resigned my position at Company A to take a higher paying and more suitable position for someone of my educational background and previous wages at Company B, but I still stayed on payroll as an on-call, rover employee at Company A because I could tentatively make extra money on days when I was off if needed in the event of call offs or vacations.
I worked for Company A approximately two weeks ago at an event and they failed to pay me this week, so I called regarding my paycheck and they have yet to correct the problem, so I will not be working for them until they rectify that problem. I claimed to EDD that they were going to pay me around 80 dollars for the work, which I have yet to see. They call me on an as-needed basis to fill in shifts when I can and shortly after I was laid off from Company B, I contacted Company A regarding work avaliability and they said there was none, so I filed unemployment and have been waiting to collect pending the conclusion of my five week penalty period from a previous claim.
I am just afraid that I will be denied benefits if EDD contacts Company A regarding my on-call employment at Company A and they say that I refused work on the basis that they did not pay me at all the last time I worked or that I refused work when it was offered (The position I left paid minimum wage, $9.00 hr. The position I was laid off from paid $18 hr).
I feel that it is unsuitable for me to return to work in that regard due to having had that amount of wage being paid as well as a possible return to the $9.00 position being unsuitable now due to Company A's difficulty in paying me as of late. I also have recently completed a 4 year degree and am looking to expand my work into another field than what I commonly am used to doing, which is why I resigned my position at Company A and worked at Company B until I was laid off. What say you? Thank you for your help, btw. I hope that I am worrying myself over nothing.

Last edited by AnxiousDude; 09-25-2014 at 11:32 PM..
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Old 09-26-2014, 01:04 AM
 
14,500 posts, read 31,220,583 times
Reputation: 2562
You're using a lot of words to describe your work situation with Company A. So many words, that I don't fully understand it, and that means the interviewer won't either.

I think since being laid off from Company B that you did work for company A, and since they haven't paid you, you haven't done any more work for them.

UI provides a benefit when you lose a job. However, when you take another job and then quit, you've got a problem.

You can quit a job when the company doesn't pay you, but you have to prove that they didn't pay you, that you tried to get them to pay you, and then you quit. However, you don't tell a company that doesn't pay that, "oh, when you pay me I'll do more work for you." You have to cut them off cold and NEVER go back.

Don't play games with ui. You look for a job that is as good or better than you had before, and unless you know the system stone cold, you don't want employment like you have with company A. It's still a job, but each time you're in between call-ins, you're at risk of messing up your claim. A job is a job, and every time it starts and stops that's a new separation issue, and each time you go through the process, that's another chance to get cut off. The only time you want to get cut off is when you get a job that is good enough that you don't need the UI anymore. You don't want jobs that put you back on UI the next day. It's too stressful.
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Old 09-26-2014, 01:31 AM
 
24 posts, read 27,151 times
Reputation: 11
Got it. So would I be correct in hoping that UI doesn't make a stink about me working on-call for Company A and hold up my claim, and hope that maybe a company will offer me a job that pays the same wage (or better) than what I was making before, but in the meantime don't answer my phone when Company A calls anymore?
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Old 09-26-2014, 09:45 AM
 
14,500 posts, read 31,220,583 times
Reputation: 2562
It won't be UI that makes a stink. If company A is mad enough, they will call UI and tell them, "we have work for this person and he is not making himself available." There's a good chance they will. You worked there, and you weren't at company B for very long, so company A is eating the cost of your UI claim against their reserve account, and they have a lot of incentive to ruin it for you.

You can delicately try to make company A not want to call you any more, but you can't ignore them or tell them no unless you have what it take to prove a "good cause" quit.

Even though you think you quit company A, the second you rekindled that relationship, you are still working there. You could have refused to go back when company B was in play, but the second you did one minute of work for company A after getting let go from company B, company A is now your LAST employer, and that is what will control your UI from here on out until you successful get them to fire you for a nondisqualifying reason or you get what it takes to prove a "good cause" quit.
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Old 09-26-2014, 12:42 PM
 
24 posts, read 27,151 times
Reputation: 11
Thank you for answering my questions man, appreciate the help.
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