Does my husband qualify for unemployment?
December 18, 2009 11:26 AM   Subscribe

Will my husband qualify for unemployment in California after a long-term temp/contract position is over?

My husband was hired for a three-month stint in an engineering position at a major electronics manufacturer to replace a guy out on sick leave. He is paid through an agency (payrolling.com) and receives a W-2. So I guess he's technically an employee of Payrolling, placed in the electronics manufacturer's office. Because the guy he was replacing ended up having complications, my husband has been there for 14 months and was recently told that the previously sick dude will be back as of the end of January so they'll no longer need my husband's services.

Can he receive unemployment compensation from the state of California? In total, he will have been there 15 months full time when he leaves.

He'd really love to stay there as a full-time employee (not through Payrolling.com) and they have suggested that a position may open up to hire him, so he certainly doesn't want to make any waves but if he's going to be out of work, the unemployment compensation would be welcome.
posted by otherwordlyglow to Work & Money (5 answers total) 1 user marked this as a favorite
 
I was in a very similar situation also in California - contracting, but an employee of an HR company. When the contract ended I filed for unemployment with the reason "Contract position ended". I had no problems receiving unemployment.
posted by bendy at 11:41 AM on December 18, 2009


I've been contracting for various companies for the past few years, and have always been able to receive unemployment when I've been between jobs since it was always the company that ended the position, not me. (I'm in MN, not CA, but it sounds like the same rules apply.)
posted by anderjen at 11:57 AM on December 18, 2009


Huh. Had no idea it was that straightforward. Yay!
posted by otherwordlyglow at 12:20 PM on December 18, 2009


Yeah, I was also going to say you shouldn't have a problem.
posted by xammerboy at 12:52 PM on December 18, 2009


The problem comes when a person is acting as a independent contractor and doing work for several places, and then the work dwindles down to just one place. That last company that has the person doing work for them can't agree/sign off on said benefits. But it sounds like your husband's position is quite different. He should ask their HR department, though, if they forsee any snags. The company does have to reply to the state, that yes, we did have him working for us. Better to be prepared.
posted by Knowyournuts at 2:22 PM on December 18, 2009


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