My question involves unemployment benefits for the state of: California
The background:
1. I became unemployed on 9/1/08 and qualified for a UI claim. I received benefits until 10/15/08
2. On 10/15/08 I accepted a "contract" position.
3. I am paid by the contracting agency to work at another company. My contracting agency & I are paying the UI taxes through my paychecks. My paychecks come from the contracting agency. I report my hours online via a tool, my manager where I'm actually working approves and the check is generated by my contracting agency.
4. My contact was initially for 3 months, to end in December, 2008. They notified me that they were extending the contract for another quarter, which I didn't dispute as I was happy to be working.
5. My contract has again been renewed, this time for 2 quarters, taking me to September, 2009.
6. I was not asked if I wanted to extend my contract; rather I was notified that my manager had gotten it approved.
7. There is a clause in my contract with my contracting agency that states "Independent Contractor Status: It is the express intent of the parties that Contractor is an independent contractor and not an agent, joint venturer, or partner of [the company where I actually do work]. Nothing in this Statement shall be interpreted or construed as creating or establishing the relationship of employer and employee between [the company where I actually do work] and Contractor."
8. The work I was originally hired to do has fizzled out and I'm now working on a variety of miscellaneous tasks. I am not fulfilling the role for which I was hired (specifically project management).
9. The work I am doing is not moving me toward career progression, nor using and further developing the skillset I've worked long and hard to develop. When I took the position it held promise for me to grow in these areas. At this point I feel like an Admin, which is a good job for someone else, but not for me. I feel that the time I'm spending not adding successes to my resume will be detrimental in the long run.
Question:
1. Do I have the right to end my contract and qualify for UI benefits again?
My logic:
1. I was hired to fulfill my specialty role, and I am no longer being given that opportunity.
2. I am not enjoying the lack of direction, focus and projects.
3. If I were receiving UI benefits now, and this contract was offered to me with the type of work I'm tasked to do, I would not accept it as it's not in my field.
I just want to pull out of this position and look for something in my field and receive UI benefits while I'm doing this search. I am fully aware of the financial impact this will have.
Thanks in advance!

