CA Unemployment help

[Napsters]

Hi guys. I have never been on unemployment and for the first time in my life, I am trying to figure it out.

In CA they do not list EED offices online. When you call they say that due to budget cuts they are only available from 8 - noon and they are experiencing a call volume greater than they can handle.

I am still employed, but my employer is not paying me. I have received 1 2 week paycheck this quarter. I went to the labor board early September and they have you fill out a form and will get back to you in late November...

I tried talking to a lawyer and they said they would fill out he labor board form...

I have been told that if I quite I am not eligible for unemployment. This is really starting to suck. I have started looking for a new job but the market in CA sucks...

Any help would be appreciated.

 

[AK264]

I hate unemployment. I stopped filing for it some years back. What the country needs is more jobs not more extended unemployment. What happened to putting a little aside for rough times? Ok Rant mode off.

I am not a lawyer. This is not legal advise. I am sharing something I have experienced.

My friend is a heavy equipment operator and he works 9-10 months a year. He is still employed by the company he works for when he is not working and he collects unemployment. He is classified "attached" and doesnt have to look for work when he not working. The best way to see if you are qualified for unemplyment is to file for it IMHO. Quitting usually disqaulifies you.In my state you can do so online and it takes bout ten minutes. As I mentioned I am not a lawyer but it is my belief that if your income goes to zero you are qualified for unemployment if you did not quit, regardless of employment status. Multiple factors are involved in employment qualification however. YMMV.

 

[roggom]

I have never been un-employed. Even when I was an E4 getting shitty pay, I found ways to make ends meet, driving pizzas for daily diaper money or even selling soda pop in the fucking Oceanside flea market parking lot.

I feel for you OP in that you are getting screwed by your employer, but unless this employer is the new Apple startup company, I would be out grinding to find work. Not sure if you are supporting a family or just on your own, but maybe its time for a career change.

Close you eyes, meditate to whomever, and then get out there and make some money. Fuck handouts.

 

[Napsters]

I would just go to another firm or work on the side. I have a non compete so I would need to move out of the area if I stay in this field. I have even tried applying to McDonalds for some cash. Turned down for not speaking Spanish...

I agree with you on the hand outs. I have never once accpted them but at this point I have been paying unemployment out of my check for 10 years. It would be nice to use it since I have more than paid for it. Kinda like health insurance. When you get sick or hurt you expect them to help you since you have paid your money into it.

 

[roggom]

I understand about the non-compete as my current employer has the same in place. My point is, if you are able bodied, then get out there and make it happen. If you are a professional, you can start consulting, or even teaching. The same energy one spends filing for "fun-employment" can be spent finding another job. Also Cali is considered a "no fault" state, non compete agreements are only enforceable if you own a firm and then sell it, you agree not to compete with the new owner. Other than that, if you find employment with a competitor, your current employer will just terminate you on the spot, dont pass go or collect $200. By then your new employer will have you on the books.

I am not trying to be a sea lawyer, but I worked in Cali for a little bit, and they have labor laws in place to protect employees. Just give another call to the labor board on Tuesday and ask about the validity of the non-compete.

 

[Dirty D]

Post this questions on CalGuns, there are lots of attorneys on that forum.

 

[SledDog]

The attorney you talked to is a lazy ass. There are definite remedies to be had, not just forms to fill out.

 

[Onehunglow]

I would say the unemployment process in California favors the worker, not the owner. And whats up with working and not getting paid? I am sure the labor board would take a strong stance against that. I had a lot of issues with employees at times, and the labor board was aggressive in pursuit of their claims, even if they were bogus. That said, if you got laid off, you will get unemployment. If you worked and didn't get paid, you will get back pay with possible penalties too.

 

[agbm]

DO NOT QUIT DO NOT QUIT!!!!!!!!!!!! Get a labor attorney and get with the labor board. All I can say is something seems fishy. How do you clock in at work, Do you have time cards? if so make copies for proof that you did work the hours you are claiming you did not get paid for. For the current weeks you did get paid, do you have a check stub? What does the check stub say? if so does the check stub show social security , taxes etc being taken out?

How to file a claim:How to file a wage claim

 

[jbjh]

CA Unemployment help

This sucks, no two ways about it. but you have to be proactive about this. Now.

(The following is said in a gentle tone, it is not a scolding)

If you quit, you can't file for unemployment. Those are the rules.

Your job now, is to find another job. 9-5, you go in to your present work, and use their resources to find gainful employment. You need income.

Have you talked to your employer about the situation? Can they help you find another job? They might be good guys in a hard spot, they might be rats with no scruples, doesn't matter. You're not being paid, so you don't have any loyalty to them the way you normally would.

Get your résumé up to date and get it out there. LinkedIn, CalJobs, Calguns, Monster, Facebook, Craigslist, etc...if there's a place to be looking for work, you're doing it.

I don't know what field you work in, but you might have to change it. If you are over qualified, but the pay is good, take the job and move up thru the ranks. If you are worried about being under qualified, take the job and move up thru the ranks.

Fill out all the forms for a wage claim and file.

Don't worry about EDD not having an office. They stopped having them a long time ago. Fill out their forms online.

Don't get hung up about change, it's happening whether you want it to or not. This isn't going to work itself out without your 110% involvement. If you don't get on top of this, you and your family will suffer. That's not trying to be mean, that's the truth from experience.

 

[Dogtown]

Just to echo a bit what others are saying: the law is on your side and there are plenty of mechanisms in place to support you. When I was starting out in Hollywood after the Army, I worked at a few small companies that dicked me around on pay, so I've been through the wringer about fighting for my fair share. Being classified as an "employee" makes it much easier to fight mistreatment than being classified as an "independent contractor", even when that's improperly labelled. A phone call to the Labor Board was often enough as they have lots of experience dealing with these kinds of problems and since visual effects is the only non-unionized section of the movie business, there wasn't anywhere else for me to fall back on. And for me personally, it really took an honest appraisal of who I was working for as there were some real scumbags who would try to get out of paying us on time or paying us less than agreed up, making excuses about the movie studio doing this or that unfairly, while they hop in their fancy car and head to the golf course. But the vast majority of times I had pay problems, I was working for good, honest people who were unfortunately either bad at business or were really getting screwed over by the movie studios we were doing work for. And most in the end made things right without any effort on our part, but it was the sketchy bastards that needed to be pressured by the Labor Board or lawyer.

 

[Napsters]

Thanks for the help guys. So far I have been looking for work here. It might be time for me to leave this state. Like I said the labor board has told me they have a huge backlog and can't even start looking into it until November. I would hire a lawyer but don't want to throw good money after bad if he can not afford to pay me.

I did ask my boss to lay me off if he can not pay me but that is falling on deaf ears. The truth is I will not starve because of this but like everyone I have cut my spending to the bone and Ramon is getting old. Also looking up the penaltys on non pay is confusing. I see there are huge penalties for bounced checks but can't find what they are for no check. The person at the labor board (the front desk not an agent) said there is no penalty but they got to pay intrest. To me that sounds wrong.

 

[eodusa]

When you go in to work, do your learning there

Network !!!!!!!!

Use their computers to find your next job

Talk directly to their clients. Use those as leads. Worst car they don't like you that they fire you. Good for you and justified since they aren't paying you.
What are your skills?


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[eodusa]

And wTF

Not hired at McDonald's for no Spanish. ?????


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[Toast]

I am not giving legal advice, but if my memory serves me correctly, a non-compete in California is ineffective and against public policy unless you sell a business or sell a majority of stock. Hang in there buddy. I sent you a PM.

 

[Onehunglow]

Non competes ARE non binding in California. Period.

Only binding if you sell a company.

As to hiring an attorney a good one will work on a split but only IF HE feels he will win. To date your story sounds very strange and I can't ascertain the merits of your claim. If your boss is asking you to report and you are, that's one thing. If he told you he doesn't need you that's something else entirely.

You need an attorney because you don't understand labor law. The labor board can tell you who tries a lot of labor cases.

If your in the la/OC area I can refer you to an excellent attorney who rarely loses.

 

[CMH]

If the guy can't afford to pay you, how is he going to hire an attorney to enforce a non-compete (That sounds dubious anyhow due to your location)?

 

[Napsters]

Just wanted to check in on the status.

I called the labor board. They said that they can not expedite and no one will be assigned to this case until Nov. they told me do not quite even if you are not paid. They also told me that if my boss fights against them this will take well over a year to get resolved.

I have called 3 law firms with no call back.

He has since I first posted missed another pay check...

I will continue my job search...

 

[Napsters]

Yes I am in the LA area onehunglow. Like I said I have called a few and no answer. Can you PM me the referral?

I hope I can get my money back without costing me more than I would have earned.

 

[Pester]

Napsters,
Sorry about the situation you are in. While I am not in scal I have a lot of business contacts that are in the LA/ IE area so PM me with the type of work you would be looking for and the geographic limits to your commute and I will see what I can find. I have access to internal only job postings and would be happy to see what can be done.

As an aside, you might look at making the move to Az, Tx, etc. It can be tough to pick up and move when funds are tight but it can be done and, frankly, there are great opportunities in Tx, Az, etc

PM if I can help.