As we continue to navigate these unprecedented times, KCBS Radio is getting the answers to your questions about the coronavirus pandemic. Every morning at 9:20 a.m. Monday-Friday we're doing an "Ask An Expert" segment with a focus on a different aspect of this situation each day.
Today we’re looking at unemployment benefits with George Warner, fellow with the Wage Protection Program at Legal Aid At Work.
Q: I would assume in your line of work right now it’s pretty busy.
I don’t think I’ve ever been this busy.
Q: We’ve got questions from our listeners, they’ve been sent in to us at askus@kcbsradio.com and we’ll throw them at you, take as good a stab as you can but don’t be afraid to tell us if you can’t answer.
Yeah and if I could make a plug right now, if there’s a question I can’t answer good resources are our website, legalaidatwork.org/unemployment. And the Employment Development Department website also has an FAQ section dedicated to coronavirus related questions and that’s a good place to look.
Q: Prior to COVID-19 I had a full-time and part-time job. I lost the part-time job due to the virus. Am I eligible for unemployment considering both jobs were necessary to support my family? My part-time job was about one-third of my income.
This is a tough question, the answer is maybe. And just to start off, I would say that I wish the system focused on whether or not you were getting income that is necessary but that’s not how it works.
So essentially if you’re making less than $600 now because you’ve lost income you may be eligible. So if you’re making more than $600 now and you lost more than a quarter of your income you may be eligible. And if there’s any doubt as to your eligibility I would encourage you to apply. And if you’re still working and you get disqualified for one week, I encourage you to reopen your application in a later week if you’re earning less.
Q: For so many people who have never been through this process before, it’s bewildering, its humbling, it’s all of that. Are we finding that people are able to get through the EDD website?
Yeah there’s been some discussion about the website crashing - the EDD website has not crashed as far as we know. The website isn’t open 24 hours a day, which confuses some people because most website are open 24 hours a day. But if you go when the website is open you should be able to apply. That’s the best way to apply.
Next week there will be a new call center open and call center hours will be expanded from 8 a.m. - 12 p.m. to 8 a.m. - 8 p.m. But there’s still such a demand on our system right now that I really encourage listeners to apply via the website if at all possible, even if it means having someone else from your household walking through the application with you, getting a child or another person who may be little bit tech savvy go through the application with you. And that’s uio.edd.ca.gov.
Q: I am 62 years old. I was temporarily laid off because of COVID-19. I am receiving unemployment benefits. When the shelter-in-place order is relaxed and my employer calls me back to work, if I do not believe that it is safe for me to return to work at that time due to possibility of virus exposure, do I have the right to delay returning to work and still receive unemployment benefits?
Yeah so you don’t need to accept work that’s not suitable to you. And I think if there’s a real safety issue about returning to your workplace then you can still accept unemployment insurance benefits.
If this person isn’t able to accept any work, then unemployment insurance may not be the best benefit for them. Instead they should likely apply for disability insurance since they’re truly unable to work.
But if it’s a concern with a specific workplace, for example it’s crowded or hasn’t implemented specific safety measures, then yes they can not accept that new job.
Q: I have a question regarding my unemployment application. I moved from Illinois to California end of last year and became unemployed in mid-March due to COVID-19. I tried to file the application online, however, since I answered "yes" to the first question, the system does not let me continue online and requires to fax or call instead. I've not been able to contact the EDD and not sure where to print out the forms so I can fax them since all the libraries are closed. What should I do?
That’s a tough question. I first want to note that if all of that person’s earnings were in Illinois, they may also be able to apply via the Illinois system. I don’t know enough about what the benefits are between the two systems to know which system is a better option for that worker. But if you have earnings in another state, you can apply in California but it may be advantageous for some people to apply in another state’s system.
I would advise that person to download the forms online. You should be able to fill them out on a computer and then there are free internet fax systems you can use. If they’re not that tech savvy I would suggest trying to find a place that is still open to print. And they can also call America’s Jobs Centers, an option that should still be open right now to assist applicants.
But that’s a tough question and kind of a problem in the system right now. People who need to use paper applications are going to have a hard time because of the reality of the world.
Q: I set aside $2000 in a childcare FSA account with my employer for my daughter’s summer school this year. However, summer schools are almost certain to be canceled due to COVID-19. Are there any provisions in the FSA rules that allows participants to make changes to the plan because of this and can I get the amount I set aside back if I am not able to spend due to this life changing event?
I can’t answer that, I think you should talk to your FSA plan administrator.
But I can mention that workers who are still employed, even just partially employed or furloughed but still associated with their company, may be able to take paid leave through the Family First Coronavirus Response Act, and that paid leave will be up to two-thirds of pay up to $200 a day for up to 12 weeks. So people who have a kid at home because schools are closed or other childcare has been closed that’s a good option a lot of people don’t know about and they should look into. And that paid leave is paid directly by your employer so it should happen faster and the burden ends up on the federal government because the employer will get all the money back through tax credits.
Q: How will California help renters who have been unable to work and likely not be able to work for the rest of this month - that may not get their job back after SIP - that also have been struggling to pay rent for years prior to this crisis - and are still waiting for relief payments from Federal and State agencies - pay rent for May, June, July?
Californians will not be evicted for 90 days after the shelter in place orders are lifted and there are a lot of additional protections in place at the city and county leave for renters. Because of those protections I really encourage people to be strategic about which bills they’re paying right now if they need to not pay some bills.
So if you can’t pay some bills, good bills to not pay first are rent and utilities because almost all utility companies have said that they will not shut people off right now. So you can delay those payments, and usually without penalty.
Q: Do you need to do anything affirmative in those cases - write a letter or document - or do you just not pay?
It depends locally - the safer method is to write a landlord within seven days of your rent being due, ideally before your rent is due and say “I can’t pay my rent right now because of the coronavirus,” or “I lost my job because of the shelter in place”. Writing a letter within 7 days of the rent and before rent is due is certainly the safest thing to do. I think in most circumstances it may end up being unnecessary but in most circumstances it’s better to be safe.
Q: My problem is that I have not received the debit card necessary to access the EDD funds. I filed, was approved and funds were deposited into the Bank of America debit account per the EDD website. The problem is that I have not received the debit card from Bank of America so no access to the funds. Can’t even log into the Bank of America account without the 3 digit number on the back of the card! What should I do? Is this a system wide problem or just me?
The debit cards are run by Bank of America and you should be calling the Bank of America phone number, not the normal EDD number if you’re having trouble with your debit card. That number is 866-692-9374. And those call centers are also getting a lot of calls right now. Those are open 24/7 and I’ve heard from other callers that if you call later in the evening you may be more likely to get someone quicker.
I haven’t heard problems in terms of people never getting their cards, but things might be slower than we want them to be given the number of people filing for unemployment insurance right now.
Q: How does a business owner handle the process for unemployment payments? They have no W-2s except their tax return. I received a notice asking for payroll records.
I just want to first speak to workers in this situation - you do NOT need to wait for your employer to do anything to file for unemployment and you should not wait for anything. If you’re in a situation where an employer has paid off of payroll, you likely will need to get in touch with EDD to request those records from the employer because EDD will not already have those records on payroll.
I don’t want to give advice to an employer in this situation but I will say they should definitely, to help their employees, they should be sending in evidence of how much their workers were paid because that’s how the EDD can get money to workers now.
Q: These next couple questions come from the small business owners side. How do I check status of my EIDL application?
I can’t give too specific advice, but I would say get in touch with the either the Small Business Administration. Or for those accessing loans that run through private banks or private SBA-approved lenders, get in touch with the lender directly.
Q: After I apply for the Payroll Protection Plan how long before I get the money?
I can’t answer that one. That program is being run through private lenders and it will depend on your lender.
My understanding is the amount of funds for that program was exhausted on Wednesday so I don’t want to say for certain, but you may have missed your chance, unfortunately. But my understanding is that the federal government is trying to extend that program hopefully with protections in place that will allow true small businesses to get that money and less savvy small businesses to get that money. Because it seems like a big flaw in the first program that the biggest small businesses are the ones that were getting the money not true mom and pop shops. And just to be clear, a small business in the United States includes businesses with as many as 500 employees and oftentimes franchises with even more than that. So it’s important that these funds go to actual small business and not what I or any normal person would consider a big size or large business.
Q: Why does my unemployment have to come on a debit card? I can’t pay rent with that.
This is a good question. Although you can opt to get paper checks, I encourage you not to opt to get paper checks. My understanding is that it’ll take longer.
But, once you get the debit card you can log on to BankofAmerica.com and change it so your debit card direct deposits into your traditional bank account. I know that is one more step than really seems necessary but you can get direct deposits once you get your debit card. And for most people that’ll be the easiest solution because you can use your normal bank.
Q: I’m currently on unemployment since July 2019, do I qualify for the rate increase?
Anyone who is receiving unemployment between April and July will get the rate increase. And if that person’s claim is exhausted, they will be eligible for the 13 additional weeks.
Q: If the isolation order extends beyond my current unemployment end date, will I get an extension and if so, will it be automatic or will I have to renew?
As long as you’re continuing to certify for benefits you should be able to get the money automatically. If your unemployment expires, you may have to reopen your claim although I can’t give super specific advice right now because the EDD has not implemented the new 13 week extension yet so I can’t tell you how it’s going to work because it’s not up and running yet.
Q: I was temporarily laid off due to shelter-in-place order. I have filed for unemployment benefits. I will be returning to my former job when shelter-in place ends. Am I required to search for a new job even though I know I will be returning to my old one?
In that situation you likely do not need to search for new work and my understanding is that actually no one is required to search for new work right now. At least the EDD’s website has guidance that no one needs to search for work in the indeterminate period.
I will say that it is always safer to search for work, but that person almost certainly does not need to search for work if they think they’re returning to their old job.
Q: I’m a contractor. Some of my work is 1099, some are W2. I've never had a "business" checking account and work out of my home office. Is there any way for me to qualify for assistance?
If you have any W2 earnings you should be applying for unemployment insurance now. If you’re a true independent contractor under California law, you can wait until April 8th when the Pandemic Unemployment Assistance program will become available, but if you have any W2 earnings over the last 18 months then you should be applying now. And if you’re unsure about whether you’re truly a contractor under California law or if you’re an employee under California law, you should apply now.
People who definitely should apply now include Uber drivers, Lyft drivers, people who traditionally work a 9-5 from a company office and people who are doing the same type of work their company provides. So a janitor at a janitorial company or a nail salon worker at a nail salon, even if you’ve been told you’re a contractor I still encourage you to apply for unemployment insurance now.
And for some of those workers, Pandemic Unemployment Assistance may ultimately become the better choice for you. But you can make that decision once Pandemic Unemployment Assistance is actually available to apply for. And I do want to counsel that Pandemic Unemployment Assistance may not be the right benefit for some people because it has a lot more limitations than unemployment insurance, and especially as the public health crisis becomes a pure economic crisis, there may be some reasons you’d rather be on unemployment insurance.
Q: Thanks for the time, lots of great answers to questions I know people are wrestling with right now, I really do appreciate it.
My pleasure, and I hope everyone stays safe and gets the benefits they deserve.
