Re: Unemployment compensation and self-employment (was Re: Laid Off)
An authoritative statement about rules that have evolved through case
law and appeals board decisions is likely to be user-friendly only if
you're a labor lawyer.
The only part of that document that is necessary for a person seeking benefits is the opening statement that states self-employed people not working and not receiving pay are considered unemployed for the purposes of compensation. This goes directly to my original statement at the beginning of this discussion that as long a person is available to work full-time (so not working in self-employment) and is not receiving pay from a business, then the person is likely eligible for unemployment benefits.
The relevant passage from CA EDD follows.
"An individual is âunemployedâ in any week during which he performs no service and with respect to which no wages are payable to him, . . ."
Employment under the Unemployment Insurance Code has been defined as service performed for wages or under a contract of hire. Service is defined as performance of labor for the benefit of another or at anotherâs command. Therefore, a person who is self-employed, or an independent contractor is unemployed within the meaning of the Unemployment Insurance Code since such a person is not performing service for wages under any contract of hire, or at anotherâs command.
The rest of the document is a lengthy discussion and explanation of the definition of only two terms used in the introductory passage. "Self-employment" is defined to show when it is considered unemployment and "elective coverage" is defined to show when self-employed people can elect to take part in the unemployment benefits system, which is an insurance scheme that is mandatory for employers and voluntary for the self-employed.
The forgoing rules and definitions are generally consistent with most other unemployment insurance schemes.
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References:
Laid Off: From: Robin Davidson
RE: Laid Off: From: Cardimon, Craig
Re: Laid Off: From: Robin Davidson
RE: Laid Off: From: Kat Kuvinka
Re: Laid Off: From: Robin Davidson
Unemployment compensation and self-employment (was Re: Laid Off): From: Mike Starr
Re: Unemployment compensation and self-employment (was Re: Laid Off): From: Gene Kim-Eng
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