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Deemer or any other lawyer here.....check in please


Teddy kgb
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Paralegal shit. Legal question research. I remember you said that's what you did/do.

 

Yes I am, and yes, I do enjoy discussion of legal matters.    Even if I’m unfamiliar with California  unemployment law, I have mad Google skills.    :cheers

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Thanks for the try Andy but she does not meet even one (1) of these like 20 possible requirements.

 

 

 

As part of the federal CARES Act, the new Pandemic Unemployment Assistance (PUA) program helps unemployed Californians who are business owners, self-employed, independent contractors, have limited work history, and others not usually eligible for regular state UI benefits who are out of business or services are significantly reduced as a direct result of the pandemic. The provisions of the program include:

 

Up to 39 weeks of benefits starting with weeks of unemployment beginning February 2, 2020, through the week ending December 26, 2020, depending on when you became directly impacted by the pandemic.

A new 13-week federal extension for those who run out of their regular state-provided UI benefits (maximum 26 weeks). File a PUA claim and you may be converted to the federal extension once it is available.

Eligibility

The PUA benefits are payable if you don’t qualify for regular Unemployment Insurance (UI) benefits in California or another state and also do not qualify for state Disability Insurance or Paid Family Leave benefits. This includes:

 

Business owners

Self-employed individuals

Independent contractors

You can also be eligible if you qualified for regular UI benefits, but have already collected all of those benefits.

 

If you are not a US citizen, you can only be paid PUA benefits if you were legally working in the US when you were affected by COVID-19. You can only claim benefits for the weeks that you were legally allowed to work.

 

You must also meet one of the following criteria:

 

You have been diagnosed with COVID-19 or are experiencing symptoms of COVID-19 and are seeking a medical diagnosis.

You are unable to work because a health care provider advised you to self-quarantine due to concerns related to COVID-19.

A member of your household has been diagnosed with COVID-19.

You are providing care for a family member or a member of your household who has been diagnosed with COVID-19.

A child or other person in the household for whom you have primary caregiving responsibility is unable to attend school or another facility that is closed as a direct result of the COVID-19 and the school or facility care is required for you to work.

You became the breadwinner or major support for a household because the head of the household has died as a direct result of COVID-19.

You have to quit your job as a direct result of COVID-19.

Your place of employment is closed as a direct result of COVID-19.

You were scheduled to start a job that is now unavailable as a direct result of the COVID-19 public health emergency.

You are unable to reach the place of employment as a direct result of the COVID-19 public health emergency.

If you work as an independent contractor with reportable income, you may also qualify for PUA benefits if you are unemployed, partially employed, or unable or unavailable to work because the COVID-19 public health emergency has severely limited your ability to continue performing your customary work activities, and has thereby forced you to stop working.

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"Your place of employment is closed as a direct result of COVID-19."

 

Isn't  this why she is not working?

 

Also I didn't read the page but part of the Cares act I believe states that if you have any underlying health conditions that make you at higher risk you would be eligible for PUI

 

​Those conditions are very broad as well.....I know someone  here with a minor condition and they get a leave of absence from their employer (they keep their benefits) and they collect $1152 per week.....mind blowing really

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How would this time table work?

 

If I got my wife a fake job with my friend who owns his own plumbing business and he wrote her a 40hr check that she would just sign back over to him or cash and give him cash back....

 

How long would she have to ‘work’ for him before she could avoid a mandatory call back from her last job and go back to collecting EU?

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She doesn’t want to shovel shit until later this year, how does she stay on UE until then if her former employer is calling her back to work now?

 

 

Uncle Tedddy

 

Have your wife go back to work and have an ACCIDENT while at work....slip and fall......she will be out with the old back injury for quite awhile possible till end of year.....

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The owner said something in an email that we couldn’t fully understand....

 

She said to come in and she would give them an offer.......offer? What if the offer is a pay cut and hour reduction?

 

I think it might be because the kid counts will be a lot less then before?

 

What could she do then?

If there is a significant change in her terms of employment such that it places her in danger, increases her workload, makes major changes in her working conditions, she can contest that. If they insist, knowing she won't accept, she may have a case for constructive dismissal. Then she can stay on unemployment. I expect there are thousands of people in the same situation. It's not as cut and dried as her employer makes out.

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