Reseda, CA asked in Employment Law for California

Q: Can I say I was laid off if I worked 2 weeks after the lay off date? for unemployment claim purpose

I was laid off then offered to stay with a new client, something went wrong with new client and I was told I would be transfer to another account keeping my site manager position. I accepted but when the time arrived I was told the client had decided to promote someone else instead and I was offered to work as regular employee for less money I was furious and I decided to decline the offer. Is this equivalent to quitting a job or does the lay off still apply here. I just want to do the right thing when filing for unemployment.

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1 Lawyer Answer
Maurice Mandel II
Maurice Mandel II
  • Newport Beach, CA
  • Licensed in California

A: Your concern is justified. The EDD could disqualify you from receiving benefits up to 3 years, if they fell you falsified your claim, and the clerks that make this decision are overworked, understaffed and don't spend a lot of time on it. My first case was an Asian lady who was told by employer she was "laid off." so she put that on the EDD app. The clerk found she was terminated without cause but denied her benefits and dq'ed her for 3 years. The EDD fought us through a hearing before an ALJ, who ultimately said the EDD was ridiculous and reversed the decision.

It sounds to me as though you were laid off (meaning a lack of work) but called back for a temporary position, which vanished. The twist is that they offered you a different position at a different rate of pay. IMO that does not change the lay off from the manager position. My suggestion is that if there is a box that says "unsure" that is the one you check and provide a summary (brief, very brief summary), and that you view the "call back" as being a temporary job offer that ended when the client decided to promote someone else. The EDD does require that you look for work, but you are not obligated to take just any position, if you were a manager, you can wait for a managerial position.

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