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Can my son apply for UI benefits 5 months after layoff while working part-time?

My son lost his full-time construction job in early December after working there for over 2 years. Right away he picked up a part-time retail job (only 15-18 hours weekly) that pays $19/hr compared to his previous $32/hr. We didn't think about unemployment at first because he was so focused on finding another full-time position, but it's been 5 months now and his savings are almost gone. Can he still file for unemployment this late after being laid off from his main job? And if he qualifies, could he possibly get retroactive benefits for the past months while reporting his part-time income? His rent is due next week and I'm trying to help him figure out his options. Any advice would be really appreciated.

Mohammad Khaled

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Your son can absolutely still apply! The deadline to file a UI claim in California is within 18 months after being laid off. He qualifies for partial unemployment since his current job has reduced hours and pay. He may be able to get some retroactive benefits, but probably not for the full 5 months - EDD typically only pays retroactive benefits if there was a legitimate reason for the delay in filing (like illness or misinformation from EDD). He should apply ASAP through UI Online and make sure to report his current part-time income accurately when certifying. The system will calculate his partial benefits based on what he's earning now. If you're having trouble getting through to EDD to ask about retroactive benefits (which is likely), I used Claimyr (claimyr.com) last month to get through to an actual EDD representative in about 25 minutes instead of spending days trying to call myself. They have a video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km Good luck to your son!

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Fiona Sand

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Thank you so much for this information! I had no idea the filing period was 18 months - that's a huge relief. We'll get his application started today. Do you know if he needs to gather any specific documentation from his former employer before applying? And I'll definitely check out that Claimyr service if we run into problems reaching EDD.

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Alina Rosenthal

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just wanna add that hes gonna need his w2 and final paystub from the construction job. also tell him to be ready for them to contact his ex employer to verify he was laid off. they WILL check!!! and he needs to do the work search requirements every week or theyll deny him

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Fiona Sand

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Thanks for the heads-up about the documentation! He should have his W2 from tax filing, but I'll remind him to find his final paystub too. Good point about the work search requirements - I think he's been applying to at least 3-4 jobs weekly, so hopefully that's enough.

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Finnegan Gunn

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Your son is what's called a "partially employed" claimant. Here's how it works: he'll file based on his previous FULL-TIME job's earnings (that's his "base period"). Then each week when certifying, he'll report his part-time earnings. EDD will subtract 25% of his earnings and reduce his weekly benefit by the remainder. Example: If his weekly benefit amount is $450 based on his previous job, and he makes $300 in a week at his part-time job: - 25% of $300 = $75 (he keeps this with no reduction) - Remaining $225 is subtracted from his benefit - He'd get $225 in UI benefits ($450 - $225) - Total income: $300 (work) + $225 (UI) = $525 As for retroactive benefits, he'll need to explain the good cause for late filing. Being unaware of eligibility despite having a part-time job sometimes works, but it depends on the EDD interviewer. Don't count on getting all 5 months.

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Fiona Sand

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This is incredibly helpful information! I had no idea about the 25% earnings allowance. That would definitely help with his monthly expenses. We'll make sure he explains clearly that he didn't know he could qualify while working part-time when he applies for retroactive benefits. Thanks so much for breaking down the calculation too.

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Miguel Harvey

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i was in almost the same situation last year!!!! got laid off from my warehouse job and was doing instacart while looking for somethin better. HUGE MISTAKE that i waited 3 months to apply...EDD only gave me benefits going forward not back pay even tho i explained i didnt know i could get UI while doing gig work. they said i "should have known" to apply right away 🙄 so dont get ur hopes up about backpay honestly

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Fiona Sand

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Sorry to hear you didn't get your back pay! That's disappointing. We'll still try, but I'll tell my son not to count on getting those retroactive benefits. At least moving forward he should qualify for something which will help.

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Ashley Simian

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Has your son started applying yet? I'm confused about something - doesn't unemployment require you to be totally unemployed? Like you can't get benefits if you have any job at all? That's what my brother told me when I got laid off.

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Finnegan Gunn

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That's a common misconception! You can absolutely receive partial unemployment benefits while working part-time. The system is designed to help people who've had their hours or wages reduced. Your brother was given incorrect information. You only become ineligible if you work full-time hours or earn more than your weekly benefit amount plus the 25% earnings disregard.

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Oliver Cheng

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MAKE SURE HE APPLIES NOW!!! The clock is ticking on his benefit year! The longer he waits, the more money he potentially loses. Also, when he files, he should specifically request backpay and explain he didn't know he could get benefits while working part-time. I'd recommend he call and speak to a specialist about the backpay issue rather than just submitting online - much better chance of success.

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Fiona Sand

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We're definitely applying today! I'll make sure he calls and speaks with a specialist about the backpay situation rather than just filling out the online form. Thank you for the advice!

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Taylor To

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I helped my daughter with something similar in february... one thing nobody mentioned yet is that he'll need to meet the minimum earnings requirement during his base period (usually the first 4 of the last 5 completed calendar quarters before filing). Since he worked full-time for 2 years before December that shouldn't be a problem but just so you know how they calculate eligibility. one other tip - make sure he prints out or saves PDF copies of EVERYTHING during the application process. EDD sometimes "loses" documents and having your own copies is a lifesaver!

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Fiona Sand

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Great advice about saving copies of everything! I wouldn't have thought of that. His earnings from the construction job should definitely meet the minimum requirements since he was there over 2 years with decent pay. I'll make sure he saves PDFs of all confirmation pages during the application process.

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Alina Rosenthal

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btw when he certifies every 2 weeks he HAS to report his part time income accurately!!! my roomate got caught underreporting and now has to pay everything back PLUS a penalty. not worth it!!!

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Taylor To

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This is critical advice! Penalties for unreported income can include a 30% penalty on top of the overpayment and potential disqualification from future benefits for fraud. Better to get a smaller benefit check than risk these consequences.

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Mohammad Khaled

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Just want to follow up - has your son started his application yet? If he's having trouble, remember that getting through to an EDD rep can be really helpful. I used Claimyr and it saved me hours of frustration. The rep I spoke with was able to backdate my claim by 6 weeks because I explained I didn't know I qualified while working reduced hours.

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Fiona Sand

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Yes! He started his application yesterday but got stuck when trying to enter information about his part-time job. We've been trying to call EDD directly with no luck. I think we'll try Claimyr today based on your recommendation - sounds like it could really help with getting the claim backdated too. Thanks for checking in!

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