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  1. #1

    Default Laid Off of Part-Time Job. Student Attending School Full-Time

    My question involves labor and employment law for the state of: California

    If my classes are only on Mondays and Wednesdays and the remainder of the week I am available for work, does EDD in California typically deny cases like this simply because I am not available 9-5 on those two days of the week? My current job I only work Friday, Saturday, and Sunday.

    My lay-off date has not arrived yet, do I apply immediately or wait for termination date?

    I'll be given a severance package upon termination.
    Now, weeks after being told I will be terminated, I was offered another position for the same employer. This new position has less pay. I initially agreed to take the position but am now having second thoughts, I have not signed any papers.

    Am I legally obligated to stay with the employer now that I said yes? Or can I still rescind my decision and just accept being laid off and receive my severance?

  2. #2
    Join Date
    Mar 2012
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    Default Re: Laid Off of Part-Time Job. Student Attending School Full-Time

    Quote Quoting NeedsAssistance23
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    If my classes are only on Mondays and Wednesdays and the remainder of the week I am available for work, does EDD in California typically deny cases like this simply because I am not available 9-5 on those two days of the week? My current job I only work Friday, Saturday, and Sunday.
    Yes, and the danger times are 8:00 am to 5:00 pm. Weekend, evening, and online classes are not an issue. You can also be excused if you can convincingly say, "If I get offered work, and it interferes with school, I'll drop my class(es) or attend the same class(es) at an alternate time."

    Quote Quoting NeedsAssistance23
    View Post
    My lay-off date has not arrived yet, do I apply immediately or wait for termination date?
    Depends. You may apply anytime, but normally when working gets you less money than you'd get under CA's partial formula that's the time. There can be reasons to wait or race. If in the past you were working 15 hours per week, and in the past 6 months you were working 30, you might want to wait to have a higher wage quarter age into the base period and replace a lower wage one and up your weekly benefit amount or number of weeks of UI. It's a very individual decision, and you have to do the math to decide what's right for you.

    http://www.edd.ca.gov/pdf_pub_ctr/de1101bt5.pdf Here's the calcs. Have fun. The weekly benefit amount is calculated based on your high wage quarter IN the base period from the table. The number of weeks is calculated by taking half of total base period wages divided by your weekly benefit amount, and the number of weeks can't be less than 13 weeks or more than 26.

    Quote Quoting NeedsAssistance23
    View Post
    I'll be given a severance package upon termination.
    Now, weeks after being told I will be terminated, I was offered another position for the same employer. This new position has less pay. I initially agreed to take the position but am now having second thoughts, I have not signed any papers.
    http://www.edd.ca.gov/UIBDG/Voluntar...0.htm#Transfer this really complicates things. CA doesn't currently treat this as a "discharge" and a "refusal of work." They treat it as a quit. However, all the examples are based on rulings from about 1963 before the publication of UIPL 984 https://ows.doleta.gov/dmstree/uipl/...5/uipl_984.htm in 1968 and UIPL 41-98 https://wdr.doleta.gov/directives/co....cfm?DOCN=1819 in 1998

    If the pay RATE is 20% less, then it's clearly a good cause quit. http://www.edd.ca.gov/UIBDG/Voluntar..._500.htm#Wages

    However, the burden of proof is going to be on you to prove:

    Your wages were going to be reduced 20%

    You attempted to get your employer to leave things alone.

    When told, "no," only then did you quit.

    Also, with the offer of alternate work, your employer is free to not give you a severance.

    Quote Quoting NeedsAssistance23
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    Am I legally obligated to stay with the employer now that I said yes?
    You're free to quit anytime you want. However, what you're really asking is now that you said, "yes," are you committed. Not for purposes of UI. You can change your mind. CA doesn't treat a job that you agreed to accept as accepting until you actually work at it. http://www.edd.ca.gov/UIBDG/Miscondu...dFromDischarge

    Quote Quoting NeedsAssistance23
    View Post
    Or can I still rescind my decision and just accept being laid off and receive my severance?
    You can rescind, but under CA precedents it's still going to look like a "refusal of transfer," and you'll have the burden of proof as a quitter unless you want to really slug it out, and be that one person that gets the EDD section rewritten on a new precedent based on the DOL's UIPLs. As to the severance, that's entirely up to the employer.

    You've got a lot of issues here: transfer, school schedule in the danger times, working within the part-worker provision. There's a lot of room for error.

  3. #3

    Default Re: Laid Off of Part-Time Job. Student Attending School Full-Time

    Quote Quoting chyvan
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    You've got a lot of issues here: transfer, school schedule in the danger times, working within the part-worker provision. There's a lot of room for error.
    You're right. I think I am going to play things simple and focus on priorities. The severance isn't exactly the lottery, and school is more important. I think I'll stick to this job for the time being and just leave(quit) if I do not like the new position.

    Quote Quoting chyvan
    View Post


    http://www.edd.ca.gov/UIBDG/Voluntar...0.htm#Transfer this really complicates things. CA doesn't currently treat this as a "discharge" and a "refusal of work." They treat it as a quit. However, all the examples are based on rulings from about 1963 before the publication of UIPL 984 https://ows.doleta.gov/dmstree/uipl/...5/uipl_984.htm in 1968 and UIPL 41-98 https://wdr.doleta.gov/directives/co....cfm?DOCN=1819 in 1998

    If the pay RATE is 20% less, then it's clearly a good cause quit. http://www.edd.ca.gov/UIBDG/Voluntar..._500.htm#Wages

    However, the burden of proof is going to be on you to prove:

    Your wages were going to be reduced 20%

    You attempted to get your employer to leave things alone.

    When told, "no," only then did you quit.

    Also, with the offer of alternate work, your employer is free to not give you a severance.

    .
    this is helpful thanks

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