If the California EDD grants benefits to the part-time employee, the employer has the right to challenge this decision.
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UNEMPLOYMENT UPDATE
What To Do When Part-Time Workers Apply For Unemployment
By Christopher W. Olmsted
Sometimes a part-time employee applies for unemployment benefits, despite the fact that she is working a part-time schedule. If the EDD grants benefits to the part-time employee, does the employer have any right to challenge this decision? Yes. The employer may file a timely protest and ask for a “part-time ruling.”
A base period employer may request and receive a favorable part-time employment ruling when the claimant's employment meets the following criteria:
Must have been less than fully employed and must not have had excessive earnings (XE) during any week of the employment (XE is an EDD term of art, basically referring to earning more than the EDD benefit amount).
Must still be working for the employer.
Must have worked for the same employer continuously since a date beginning either before or during the base period of the claim.
"Continuously" is the key term. According to the EDD it means “regularly, protracted, enduring, and without any substantial interruption of sequence, as contra distinguished from irregularly, spasmodically, intermittently, or occasionally, and does not necessarily, mean constantly." Basically the EDD looks to distinguish cases where the employee is on a regular part time schedule from cases where she hired on an intermittent basis followed by periods of unemployment.
The EDD notes: “The interviewer should document the claimant's employment thoroughly before drawing a conclusion that the employer is entitled to a part-time ruling. The employer should be contacted to determine that the claimant actually was continuously employed (except for short breaks for vacation or illness), and on a less than full-time basis.”
Employers must act quickly to request the part-time ruling. Generally, the request must be made within 10 days after notice of the benefit determination. To request a ruling use EDD form DE 1545. Under Rulings state you want a “part-time ruling” and give date of hire, hourly rate and hours worked per week.
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This article is intended as a brief overview of the law and are not intended to substitute as legal advice. Any questions or concerns regarding any statute or case law should be addressed to a licensed attorney. Copyright © 2008 by Barker Olmsted & Barnier, APLC. San Diego, California. All rights reserved.
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