Did You Work in a State Other Than California During the Last 18 Months

[tylern]

My question involves unemployment benefits for the state of: CA

Trying to file unemployment, can't get past the first question!

I worked from 10/2009 - 3/2012 in California and was payed piece rate as an employee. The payroll office was in Arizona. I was laid off in 3/2012 when they lost the California contract.

I was then offered to continue working in Ohio for 3 months as a 1099 contractor, which I accepted. I was then laid off after 3 months and came home. The payroll office for Ohio was at the same address as for California: in Arizona, although my paycheck was was issued by a different company name. Also, my paychecks showed my personal address as being in Florida, although I never actually worked (or lived) in Florida.

When I try to file online, the first question "did you work out of state" forces me to stop and call. (and of course it's nearly impossible to get through to an operator) So.. can I just omit the out of state income since it was 1099? Or, can I report it as being from the same employer as California since it's the same Payroll address? Or, should I be completely honest - and spend a few days dialing the 800 number untill I get through???

Will any of this endanger my eligibility? Or might I be told to file through Ohio, or even Florida?

Thanks

[BennyBlanco]

Or, should I be completely honest - and spend a few days dialing the 800 number untill I get through???

Its a pain for sure, but if you want to be treated fairly, you need to be honest. Would getting one payment be worth a penalty and disqualification for lying later? Doubtful.

Technically, your last state of employment was in Ohio. You were paid under their state laws, and may need to file there. I would definitely call, be safe. If there is any sort of issue that causes delays, it just causes permanent problems with your future claims. It could potentially tag your account as making a fraudulant claim, and if answering the question truthfully causes you to be stopped after the first question, Im guessing there is a reason.

Just call.

[tylern]

Technically, your last state of employment was in Ohio. You were paid under their state laws, and may need to file there.

Not sure about that. My paychecks while in Ohio showed MY address as Florida. There might not be any record of Ohio employment. And filing with Florida would be also be fraudulant because I was not there.

Plus, it was (arguably) 1099 anyway....

1. You did not set your own hours.
2. You were told what to do, when to do it and how to do it.
3. You were provided with the tools to do your job.
4. You could not hire someone else to do your job; you had to do it personally.
5. You could not make a profit or incur a loss based on your work.
Etc.

If I'm going to jump off a cliff, I don't want to shoot myself in the foot first, you know what I mean?

Thanks for the advice. Anybody have a second opinion on this? Or better yet some facts based on a real experience??

[Foster_Foster]

I'm not sure I understand the confusion. Just answer the questions of where you've worked and when.

Whatever a stated address for you was, where you were living/working is what matters. Where a "payroll office" is is irrelevant. (If you never lived in Florida, I can't fathom why you wouldn't tell whomever a correct address.)

You can go to a physical unemployment office to file.

"So.. can I just omit the out of state income since it was 1099?"

You can do as you please, but it would be wrong.

"Will any of this endanger my eligibility?"

Lying would certainly endanger eligibility.

[tylern]

(If you never lived in Florida, I can't fathom why you wouldn't tell whomever a correct address.)

You can go to a physical unemployment office to file.

They put that address on my check! (Whatever reason they had must have been for their gain, not mine.)

California does not have a physical office. Are you telling me I can drive back to Ohio, only to be sent to Florida, only to be denied because I never worked/lived there?

Sorry, I'm frustrated and feeling "damned if I do/damned if I don't". Thank you for your advice.

Can someone answer me this:

1) If my last job was 1099 (and I was laid off), do I qualify for unemployment?

2) If my job before that was W2 (and I was laid off), do I qualify for unemployment?

3) If I worked for the same "people" during both jobs, even though they used a different company name and it was in 2 different states, and I DO qualify for unemployment, which one will provide the unemployment benefits?

[cbg]

1.) Maybe

2.) Maybe

3.) That depends.


I'm not being snarky. As asked, those really are the answers.

You don't need to figure out if you qualify or not, or who will or won't be the employer of record. Just answer all the questions, TRUTHFULLY, to the best of your ability, without trying to figure out the angles, and let the state figure it out. It's not your job. It's theirs.

[tylern]

Ok. Just thought lawyers and people who know law would be good at "the angles", as I already know the state is. I do believe "it's their job" to "figure out" a way to deny me. Just trying to get awarded something I feel I deserve without having to fight for it. Thank you for your help, as I also know lawyers tend to follow rules and not break them.

However, if anyone has any info on "bending the rules", "loopholes", or any other insight, I'm still listening...