by Adam N
(Los Angeles CA )
I work in the restaurant business in Los Angeles. I worked lunches one place and dinners the other. I lost my lunch job, but still have my dinner job.
My lunch employer wanted to cut staff because business slowed, so they looked for ways to terminate rather than layoff employees.
I was “terminated” according to them.
I still have my night job, but could use assistance as I search for a 2nd job.
Any help would be nice.
Hi Adam,
I went to my favorite page which is usually where I begin researching any question about unemployment. I clicked on the Monetary Entitlement link and it said that the minimum wages needed to get unemployment in California are:
Either $1,300 in HQ or $900 in HQ with BP wages equal to 1¼ x HQ. 1 1/4 would work out to be $1125. The minimum WBA (weekly benefit amount) is $40 and the maximum is $450.
Now onto California partial unemployment benefits, which is what you’re asking about.
Partial unemployment is defined as a week of less that full-time employment which is less than what the state computed your weekly benefit amount to be if totally unemployed.
When you certify or file your weekly claim for benefits it’s required to report the wages you have earned, but they will disregard the greater of $25 or 25% of wages earned when computing the partial amount.
Adam, I’m jaded. It doesn’t even make my eyebrows lift with surprise anymore to hear someone say “My lunch employer wanted to cut staff because business slowed, so they looked for ways to terminate rather than layoff employees.”
This, among a myriad of other less than above board tactics is the very reason for this website.
Of course you’ll also need to win on the separation issue. I’d address this too, but you didn’t tell us their reason for terminating you.
All the Best,
Chris