Hi,
I'm an aspiring agent about to be laid off here in California. Anyone know if I can legally collect unemployment while working a an agent until I collect my first commission check?

This is a great site by the way.

You'd best contact your local county assistance office to discover that.

I would assume that you could if you're not collecting any kind of salary....

you probably can...but they'll ask you on the weekly claim form at what times during the week you were NOT available to accept work. and if you report on the form that you were doing office floor time, they'll probably withhold part of your weekly benefit for that time. of course, if you don't report it, they won't know the difference.

you might argue that even while doing floor time, you are available via telephone and could leave immediately to accept work. but the state employment agency might not see it that way.

Unless there has been a change in the rules (or they are different in your state) you will loose 25% of the unemployment benefit for each day you work during any week; 4 days of work and the entire week's unemployment benefit is gone. Work is defined apart from actually receiving pay so even if you were prospecting in the expired list you would be considered to have worked regardless of obtaining a listing let alone being paid a commission.

then don't call it work.

Until a Commission Check is earned, one might interpret your activities as nothing more than Training and Education in a new field of endeavor, hoping that it will become a form of gainful employment for you.

Was Unemployment Insurance paid on your compensation in the position from which you're being laid off ?

Dale:

Unless things have changed a lot since I worked for someone else the unemployment insurance is an employer, not an employee, expense.

Mr. Foreclosure

as far as the state employment agency is concerned, it only matter that you were NOT available for work. the reason is not relevant. even if you are enrolled in job training, during that time you are not available for work. so, if the state is aware of the training, you must report in on the claim form, and they will deduct part of you weekly benefit.

I was truthful and they canceled my benefits when I told them I was working as a Realtor, even though I was months away from my first "paycheck."

I think it's best to be truthful because if you get caught, the fines are worse than the value of the benefit.

Shana:

I know from personal experience that retraining programs do not impact your abiity to collect unemployment insurance benefits, at least not 14 years ago in NY. With regard to your comment about being available for work you need to remember that you can cancel the traing and go to work anytime that a job becomes available.

Mr. Foreclosure

your wrong

unemployment insurance is paid only by the employer.

Locally: Bottomline Review

It is my understanding that the key requirement in most jurisdictions is that a claiment must be activitly seeking employment and be available for work in order to qualify for benifits.

In the event a claiment was unavailable for work under any circumstances then the benefits would either cease or be reduced appropriately.

The question, that then arises is how does one interpret available.

Consider, if you will that a claiment might even journey out-of-state to seek employment and/or a job interview and still be available should employment become available locally.

The bottom line is whether you judge yourself as being totally unavailable under any circumstances or available under any circumstances should an opportunity for employment arise.

Important Notice: This information is provided as basic educational information by the author and is not a substitute for the advice of an expert and/or the advice of a lawyer. There is NO representation as to legality, accuracy, correctness of the herein information and the reader is strongly urged to consult a lawyer in the relevant jurisdiction to ensure accuracy before acting on this information .

"The bottom line is whether you judge yourself as being totally unavailable under any circumstances or available under any circumstances should an opportunity for employment arise."


nope, the bottom line is whether the state employment agency determines you as being unavailable. this will ultimately be decided via an adminstrative judge ruling.

I know that some state employment agencies have ruled that when a person is enrolled in and attending a class, that person is NOT available for work...even though the student is reachable via cell phone and could leave the class immediately to perform the work.

there may be some exceptions by the state employment agency, concerning authorized job training programs, in which some UI benefits are still paid during that time, or benefits may be extended while the claimant is enrolled in the job training program.

Update: Shana is right

That the state would make the final determination pursuant to their policies and/or current law, although there are grey areas that could be argued, an adjudicator would make the final decision.

Locally: In has already been determined that any person who is a licenced to practice real estate is ineligible to collect employments benefits.

Important Notice: This information is provided as basic educational information by the author and is not a substitute for the advice of an expert and/or the advice of a lawyer. There is NO representation as to legality, accuracy, correctness of the herein information and the reader is strongly urged to consult a lawyer in the relevant jurisdiction to ensure accuracy before acting on this information .