I am pretty sure the answer is no. But there is a possibility.

來源: 昭君出塞因地製宜 2006-09-21 11:18:21 [] [舊帖] [給我悄悄話] 本文已被閱讀: 次 (2147 bytes)
However, I need to qualify my conclusion by saying that (1) employment law is very complicated and you need to consult an employment lawyer (and CA qualified) for the final answer as I am not a CA qualified lawyer nor an employment lawyer and (2) to the extent you have paid insurance you may still be eligible for the benifits.

The purpose of California’s Unemployment Insurance Code is to provide benefits to persons who are unemployed through no fault of their own, thereby reducing the suffering caused by involuntary unemployment. The Unemployment Insurance Code also provides disability benefits to compensate eligible persons for unemployment caused by injury or sickness. To finance state unemployment and disability benefits, California requires contributions from both employers and employees. Generally, employers must annually contribute to the unemployment fund based on wages paid to their employees. Employees contribute to the disability fund based on wages received; however, employers must withhold the employees' contributions from their wages. The employer/employee relationship determines who must make contributions to the unemployment and disability funds. Where an employee performs services for an employer, the employer is required to make contributions and withhold taxes; where an independent contractor performs services for a principal, the principal is not required to withhold taxes or make contributions.

As a result, if you have paid the unemployment insurance, you should be eligible for the benifit. To the extent you have not paid and suspect that the company is going down in a few months, I suggest that you call California's unemployment benefit department and say that "I am an independent contract and I want to qualify for the unemployment insurance benefit, what should I do?" The bottom line is that you can find out exactly what you need to do to get the insurance.

If you lose your job tomorrow and want to claim the benefit tomorrow, you cannot get it. You have to have paid the insurance and satisfy other requirements where applicable to qualify.



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