Legal Question in Insurance Law in California

I've been collecting unemployment benefits for two months since I got laid off on my last job , and recently got a new job, but it's not full employment. I'm considered an independent contractor. Can I still collect EDD benefits? I collected one time, but I don't want to get into trouble, but same time I do not want to pass on eligible benefits. And what are the correct steps I need to do in this situation? Thanks.

Asked on 7/30/17, 10:28 am

1 Answer from Attorneys

Timothy McCormick Schneider, Holtz & Hutchison

First off, it is highly likely that you are not legally an independent contractor. Take a look at this page for information on whether you are illegally being treated as an independent contractor when you are legally an employee. Second, either way, if you want to comply with the law, contact EDD and go over the details of your situation with them. They will let you know what you are entitled to or not. If you collect benefits you are not entitled to, the collections process the EDD will subject you to in order to recoup those payments is NOT something you want to experience. Let them guide you.

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Answered on 7/31/17, 12:24 pm

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