When employer was notified of the payments, then employer appealed. Started a new job. You may want to read this: http://www.boston.com/jobs/job-doc/2010/05/12/losing_umeployment_insurance_b. That said, if you earn less than your WBA, the best you could expect is 25% of your weekly benefit, because NY docks from the benefit 25% of the WBA for every day worked, regardless if that day is 5 min. NY state. We struggle every single winter as my husband does the type of construction work that can’t be done in the winter months and the regular pay of $21 hours can only receive a max of $420?! It will stay on NY’s books for a year and be there for you to reopen if you need it. Since it’s now been six weeks and you are getting nowhere, immediately email your state representative. No state has a waiting period of seven weeks for benefits. The answer is maybe. If you are not a Shared Work participant, and you need to file a new claim, please go to unemployment.labor.ny.gov to file your first claim for unemployment insurance benefits. However, NY does require employers provide disability for their employees. Thank you very much for the quick response. I worked in Westchester County NY but live in Warren County NJ. I have decided that the move from NY to NC is not possible. 1. You will have to file a claim each week, called certifying for benefits. The last week of claiming UI, I believe I claimed that I had attended training and worked a day (2 days) and received partial UI payment of $156 after taxes. The state will inform you in the Monetary Determination notice. If you did this after the warning email, your position is less tenable. Under the law, a “rules violation” IS misconduct. Applying now will confuse the system – and stop the disability payments. So if your rate is $200 a week, you can receive up to $5,200. Since I’ve been there I’m highly stressed, I don’t sleep as much since I’m always thinking about the job and I’m emotionally distressed. I feel so stupid because this was genuinely not done with intentions of trickery. NY does not reduce the weekly benefit amount by dollars earned. I was recently terminated from my job (in the medical field) of 8 years Due to a coworker accusing me of looking at their information, She told them that I had told her I did.. In order to continue receiving UI benefits while freelancing, would I be able to have the entire amount of the freelance engagement paid at once upon completion, thus only losing the UI benefit for the week earnings were reported? And the part-time summer work varies year-to-year based on demand. However, she was forced to piece together two jobs for a couple of years until her present opportunity came along. • You must have worked and been paid wages in jobs covered by Unemployment Insurance in at least two calendar quarters; !..that the 2 mths that didnt make the “next quarterly” could be used? Google Translate™ cannot translate all types of documents, and it may not give you an exact translation all the time. Was I ever warned individually no I was not that I was just in the department meeting an in the email, but I got overtime after the email and meeting .82 hours. I am having no luck with any answers. It is now Feb 2017 and I still have yet to find work in my field. If you have worked during this past benefit year, you will qualify for another claim. Read this – specifically wages and remuneration: https://labor.ny.gov/ui/claimantinfo/claimant-glossary.shtm. With the exception of a meeting on 7/12/17, I’d never been formally written up. I don’t care about receiving benefits for the 2 weeks I missed, since it was my error, but can I continue receiving benefits for the weeks I have claimed afterwards? Wouldnt I get the 80-day penalty regardless? You won’t be arrested, so don’t worry about that. NY not calling you in for an assessment does not waive your obligation to search for work and to be able and available go to work the next day. I have several emails dated back to 2015 from the employer stating this would be the last time she would be late. I can’t seem to find info regarding what happens to unemployment benefits if I WAIT….I became unemployed on December 3, 2016, through no fault of my own…my question is—can I wait a MONTH or TWO —and then claim benefits?? Provide Goods and Services to Aid NY Testing Capacity, New travel guidelines allow out-of-state travelers to “test out” of the mandatory 10-day quarantine, Centers for Disease Control and Prevention. we are suppose to ID people who aren’t parents, however the girl shouted that it was her aunt before her aunt even said anything. It does offer advice to claimants who need help in understanding unemployment insurance rules, processes and decisions. Did you? NY is normally fairly efficient in its claims processing. If you are still obstructed, email your state representative. I’d appreciate your feedback I then applied to NJ it has been almost 4 weeks and ther is no reply. What if that is not the case? Thank you so much!! Other states on the East Coast pay better than NY, and the prospect of back-to-back claims in two states is an advantage. If you can present compelling evidence, NY should approve – although you may need to appeal to get there. Thanks very much. It is much easier to get benefits under a discharge, rather than quitting and having to prove this hostile work environment. We were just informed that our landlord is selling the house we currently live in and the new owners want it empty. You are required to report earnings the week you earn them – NOT when you are paid. Hopefully, if there are no issues with the employer, NY can approve the claim quickly. Your state of residence is irrelevant. He was fine at first but today he told me he found my replacement. How and when should I go about filing for unemployment? What matters is wages in the base period for the claim. That said, four-six weeks is about right when an investigation is necessary which firings always require. If I quit because my original position was eliminated may I qualify for unemployment while I search for a more suitable job? Recently the company relocated and the commute is too far for me. So i got fired for violating a safety regulation. Generally, a one-time occurrence should not result in a denial. Thank you, Daphne! I am expecting to be laid off February 15. i was told that its because my package came july 1 instead of july 6. which is nuts becauae my last work day was really june 1. but i did get paid until june 6. But get laid off in New York City, as … If you work even an hour a day, your weekly benefit is reduced 25%, so confine your work to full days only. The earnings from the job you’ve just lost will purge any monetary penalty from the earlier quit. In your original post, you never said you were in Greece looking for work. Does your 26-week period last a year? First step – call the NYS CS line for unemployment benefits – just as you would for any unemployment benefit issue – and tell the rep you are back, searching for work, have returned the questionnaire, want to reopen the claim effective upon your return and continue to claim benefits. I know you are not required to accept it because it’s beyond the commuting distance requirement. I did apply online this past Tuesday evening (after I got advice from the NY DOL rep). Wait for the letter. all good..i found a fax machine mid manhattan at fedex..so share this (NYC) base pay folks…info…thanks again! Hi there. But I am not practicing. More information in the NY handbook, here: Hi I was fired on August 12 but as part of settlement I will get paid by end of September . every single week? I had my unemployment appeal hearing the other day. Is there an involuntary resignation or do they consider that Quit and then I explain the circumstances? These recent earnings are available for possible use only in a future claim. I returned after a 2-year break in Oct 2013 as a part time employee working 5 days a week at 4-6 hours a day. In other words, avoid incriminating yourself. Reason: About 2 months ago i lost my job and started receiving unemployment benefits. Your explanation it was routine because you were working overtime just prior is not compelling. I assume NY sent you a questionnaire which you’ve returned? I would like to move out of state. mahalo debra, daphne, i hope you see this…i am now re-applying for unemployment since you suggested when i got fired in may…to reapply in july so my last quarterly will be counted..i went to the website and as i entered i panicked… The employer may not allege misconduct, in which case, if you state misconduct, you have just provided NY the basis for denial. not sure how to post a question. Meanwhile in our paperwork we sign when we become managers it says nowhere that we need to relocate. There are two steps you must take now: Step 1: Claim weekly benefits (also called “certify for benefits”) for this first week you are unemployed. My dil, a teacher at a parochial school for five years, spoke to her school admin. Otherwise, call them. I was just laid off in New Jersey after working 12 weeks due to budget cuts. My husband and I own a small vacation home in South Carolina and decided it would make sense for us to move to SC. Upon my return, I forgot to claim benefits for the following 2 weeks and did not notify them that I had returned (which I did not know I had to do since I notified them of my return date in the notification email). 16,574-48; A.B. Next week you can try to call or visit a NJ office to inform them you want that claim amended to include NY wages. Chances are it will be using wages Jan.-Dec. 2016. As part of the enforcement operation, enforcement teams will be stationed at airports statewide to meet arriving aircrafts at gates and greet disembarking passengers to request proof of completion of the State Department of Health traveler form, which is being distributed to passengers by airlines prior to, and upon boarding or disembarking flights to New York State. It is what you have earned in NY and if those wages were reported to NY and FUTA tax paid to NY on those wages by your employer. Find NY state reps, here: NY plays hardball – big time – on out-of-country claims. Explained on page 18, here: http://labor.ny.gov/formsdocs/ui/TC318.3e.pdf. NY requires you have earnings in at least two quarters – i.e, quarter ending 12/31/2016 and quarter ending 3/31/2017 (assuming this new job has just begun). Phone calls are standard in a discharge. Employers often don’t report wages on a timely basis. If you do not qualify using the standard base period, the state will examine your wages over the last 12 -months prior to your filing a claim. No, staring is not misconduct – fits in the category of a “bad fit” for that particular work culture, but not misconduct. This includes training, as well as full-time, part-time, seasonal, per diem, probationary, occasional, temporary or permanent work. Further, CA’s partial benefit formula is much better. NYS blocked my UI benefits because I certified from overseas. I’m writing because I’m not sure who to speak to for advice and it seems like you are very knowledgeable so, thank you in advance. So confused by this whole thing- I’ve received partial benefits in the past when I lost a job 6-7 years ago. don’t rank high in google, but there is a tool that can help you I’ll be filing for benefits until that date. For now, for sure, you should be fine w/NJ. That’s a good thing. 4. Until then I had one project as an independent consultant in October/November 2016. The stress and other health related issues due to not being able to go on your breaks until it’s scheduled is beginning to affect me. So then, the state may deny your claim. Normal processing time for a claim, best case, is four weeks. I am currently collecting NY UEB, it’s my 10th wk. Subject Your have a much better chance of a claim w/NJ overall, so pursue that – and report back when you get this resolved. You were discharged for misconduct in connection with your employment with the above employer. Any and all help is appreciated. So, I’m assuming they will call that misrepresentation which I don’t plan to argue as it looks like I should have an offer within a week or two. The first step is to write that letter addressing the grievance. You must continue to certify each week to protect your rights to benefits. NY max benefit has been increased to $430 for 2017, and the partial benefit rate is very punitive. Will I be eligible for unemployment? are relevant – unless your employer actually did dismiss you for one of those reasons and lied stating misconduct. Applying for employment with former employer(s). If you feel they are being unresponsive, email your elected state representative. The Department uses the base period wages to determine how much you’ll receive each week, your weekly benefit amount (WBA). Relative to both your appeals – if these are one-time occurrences with no prior warning – you have a good chance of getting the denials overturned. For that- FRAUD – you could lose your green card status. When you applied in NJ, NJ should have immediately given you some indication of a benefit based on wages in its database. I decided to take it. PA requires earnings appear in two quarters, and that 37% of total earnings occur outside your high quarter. A copy of the announcement is good enough. • Example: Your high quarter wages were $4,000. External web sites operate at the direction of their respective owners who should be contacted directly with questions regarding the content of these sites. You answer “NO” on the q re returning to work full-time. The more recent wages are available for a new claim when the current claim benefit year expires. I went for one day. My claims were denied as soon as I stated that I worked for one day only. I am currently on unpaid administrative leave (& currently 6 months pregnant) but I am pending termination. mahalo debra. Lyft will be an issue. If you are discharged for “poor performance” NY will investigate. NY says this on situations similar to yours: A. Are you saying you are getting free housing in lieu of cash wages? Further, even one hour of “work” a day – whether or not paid – requires NY reduce your benefit for that week by 25%. NY is a reasonable state, so you should qualify for benefits if you decide to quit. Am I eligible to get unemployment for those days that I didn’t work? You should try to speak with a rep and file for a “combined-wage” claim so that your earnings in the other state are included in the base-year. Essential workers and their employers are expected to comply with previously issued DOH guidance regarding return to work after a suspected or confirmed case of COVID-19 or after the employee had close or proximate contact with a person with COVID-19. Thanks so much! If your area has a career one-stop, go there, if you can’t get through on the phone. There is potential of a company layoff coming… I do part time work Saturday and Sunday only and receive my checks every week for that part time work. It would be embarrassing for me, and also a pain for the client (and possibly preclude getting more work). Otherwise, NY allocates 25% of its benefit to each of four days within a work week. It would be 90 miles each way to stay at my current job once we move. Very helpful, much appreciated! If you work three days, you lose 75% of the benefit, and are paid an unemployment benefit for one day only. You may use the state’s recommended online tool Job Zone to keep records. i also keep a job in SC that doesnt pay very well, but keeps me busy. you in your high quarter. I can only work 1 day (12hrs) sometimes. If I wait till end of September and stop working in August will it be to late to claim ? And by “discharge” you mean after I’m off the payroll, correct? I received the Out-of-Country Questionnaire and gave them everything that was asked for immediately, my passport and itinerary etc and when I would be back. You need to be certain NJ shows enough earnings in its database to grant the claim. I filed a claim on 2/6 of this year. However, know that NY does a pretty good job. I will be looking for a new job in SC. It didnt matter that I was in Greece when I was paying my NY income taxes or UI but now that I am trying to get the help that by law I am entitled to and I very much need, it is a problem. Failure to report work – whether or not paid – while at the same time claiming benefits is fraud. How should I handle please advise? Call the Telephone Claim Center before your trip to find out if you can protect your benefit rights while you're away. The traveler must, upon arrival in New York, quarantine for three days. That said, NY is fairly strict on distance issues. So I may get my Severance on 9/30. NY is the only state I am aware of which does not consider gross earnings when calculating a partial benefit. Just to work through coworker’s vacation and then leave? Find yours, here: State reps are quite effective at breaking the claim logjam. What I am wondering is if I am eligible for Unemployment Insurance for this small gap of time. The budget did away with my position. On day 4 of their quarantine, the traveler must obtain another COVID test. I chose the debit card option but am still waiting to recieve it?! The Department instituted reforms beginning in 2014 due to legislation by the NY state leadership, who believed the amount of compensation in NY had not kept pace with the increases in cost of living. Chances are it will be using wages Jan.-Dec. 2016. Further, you are required to report any work you do the week you perform it whether or not paid. Or, that particular “rules violation” may just have given the employer the excuse it was looking for to fire you and possibly not have to pay benefits. I was hoping I could get an update on my claim as I have heard no information. Department of Labor. NY may query you on your “sole proprietorship” if it is registered with the state. Yes, you will be denied. If he doesn’t change it, refuse to sign it and let him discharge you. The claims examiner will look at issues regarding your separation from work, and whether you quit without good cause or were dismissed by your employer for misconduct. Doesn’t matter where they’re located. January 14, 2021: Don't Delay! You certainly can move to FL and continue to claim NY benefits while you are unemployed or working part-time, but you cannot work anywhere for wages and not report that time and wages when you certify for weekly benefits. most of my income comes from ny. When should I apply for benefits? One more question – At what point in the application process do I request use of the Alternate Base Period instead of the Basic Base Period? So, he’s discharged you effective December 23rd. Employer may never bring them up. I have been recently laid off from my real job at a school and applied for unemployment. You should not work freelance and claim benefits at the same time without reporting the work and its monetary value whether or not paid. If you did any work on a day, even if it was an hour or less and even if you did not receive pay, it counts as a day of work and you must report it that way. The total wages paid to you must be at least 1.5 times the amount paid to you in your high quarter. Yes, you can file a new claim in February. Wow thank you they told me I was supposed to call pa and register there.im getting all a sort of different info.i did change my address with ny..so I guess I will just continue my search in pa and do my benefits on line like I have been? This is higher than the long term average of 6.55%. Partial Unemployment Update: As of January 18, 2021, New York State has modified the rules for partial unemployment eligibility so that New Yorkers can take on part-time work without losing disproportionate unemployment and pandemic benefits. If you are willing to put forth the time and effort, you have very good chance of prevailing at the Board of Review level. Which state would I file an unemployment insurance claim in? If that occurs, reapply for a new claim when this job ends. While on unemployment in NY, I had a family matter in the Philippines and had to leave rather quickly (my first mistake is that I didn’t let unemployment know I would be out of country, I totally forgot) and was out there for a couple of weeks – I had started working remotely part-time before I left, and was correctly reflecting these 1 or 2 days of work per week in my claim. That, in itself, is a material change. My job was very understanding and allowed me to take extended leave without pay until I can find a position to transfer into in that area. There does not seem to be any rule violation regarding that. You’ve been granted the LOA – but now are quitting. You may want to read this: https://www.labor.ny.gov/ui/aso/Section_1200.htm. Because you earned more than a week’s benefit that day, the following week should become your unpaid waiting week. I work in Pennsylvania but I’m a resident of New York state where do I file, New York or Pennsylvania. There is an additional eligibility test, and to pass, you should be: The state will examine your wages over a 12-month period to determine if you pass the wage earnings requirement. Monies from IC or SE work as a real estate agent must be reported. Could I establish my claim today or tomorrow morning and then do freelance work that evening? I filed my claim on 7/17/17 and called the DOL today to see if there was any indication my former employer was contesting my claim. If the last work is SE/freelance, YOU ARE NOT ELIGIBLE FOR BENEFITS. If this is your first time filing for unemployment in New York, you will have to create a PIN. The New York State Health Form is Required starting today, July 14, 2020, from all air passenger arrivals arriving in New York State from states with high numbers of Covid-19 cases.Currently the New York and Tri-State 14-day quarantine applies to visitors from 22 states and the list is updated weekly. Obtaining and losing another job within the benefit year allows you to REOPEN your existing claim – which you should be able to do online. Wait for the discharge. It is extremely important that you check this form for accuracy. Had you ever received a warning on this issue before? my salary tho was $70K and i just can figure out why my base salary would not be covering the difference. You scratch out you are leaving under your own will. what do i do now? For travelers who were out-of-state for less than 24 hours: The traveler does not need a test prior to their departure from the other state, and does not need to quarantine upon arrival in New York State. The delay occurs when the work stops. That said, NY is pretty fair and should see through this. It is way too early to have a decision. I was terminated from a company out of nowhere over a month ago by phone. Companies don’t withhold for SE/freelance. Ten weeks for a decision is unusually long for NY – which is one of the better states for claims processing. When the NJ claim is exhausted, if not all of NJ earnings and none of the PA earnings were used, you then apply in PA – again ask for a combined wage claim to include what remains of the NJ earnings and the two months of PA earnings. Using the telephone, business directories, internet or online job-matching systems to search for jobs, get leads, request referrals or make appointments for job interviews. If employer is making these payments, check with your HR people. You are allowed an unlimited number of claims in your lifetime. NY has automatically granted them an entire claim – not just for period between discharge date and notice date. This process will take four months at least, possibly much longer. Know that if you try work-arounds such as changing proxy or using a phone with a US number, NY will recognize that and will accuse you of circumventing the system, which will result in an 80-day benefit disqualification which remains active for two years and will affect future claims going forward. Your question has been answered, here: http://aboutunemployment.org/new-york-unemployment/#comment-36874. You cannot file during a week in which you work for 4 or more days or gross a weekly income of over $420. 1. What do I need to file for unemployment for tailing spouse purposes? But per the re-posting (after your answer … sorry, we crossed), my work for almost 2 years ending in Dec, 2015 was in NYC, and my contract work from April – July 2016 was also in NYC. The employee tax collected over many years of work is very, very low and would not provide more than a few weeks benefits. How would I properly convert a yearly salary into an hourly freelance or contract rate for services, with any additional considerations included? 1099 work is not eligible for benefits. During that same time after an interview for another company I was asked to go to a second interview and it was almost likely that I would be hired. NY always plays HARD BALL on out-of-country claims. Daphne I got my determination letter from NYS unemployment I was hoping you could explain because I was told that unemployment law would be applied it seems more like an opinion, I would copy and paste but my pdf converter is giving me trouble so I will just write it out. I was unofficially ask to work 16 hours for the week by my supervisor, I would make 375 a week but the cost to put my son in day care and taking the bus comes out to 144 a week leaving me 231 a week. No, if you do nothing further, NY won’t come after you for criminal penalties. NY requires you notify them BEFORE leaving the country if you plan to search for work abroad. New Yorkers Should enroll now for Health Coverage in 2021; January 10, 2021: Governor Cuomo Announces Proposal to Modernize Office of Professional Medical Conduct as Part of the 2021 State of the State Thanks for all of your help. I don’t know where to ask my own question.. Email DOL: https://labor.ny.gov/secure/contact/, DOL Address: New York State Department of Labor, P.O. In other words, do I have anything to lose? NY does its best to avoid appeals, so does read your responses carefully. If you have no earnings after September 2015, you have no eligibility for an unemployment claim. Claims expire at the end of the 52nd week – i.e., one year from when you first applied for benefits. I was recently terminated by my company, their reasoning was that I was punching in early and they said an email was sent out regarding this policy. I moved down to Maryland at the first off the year to live with my significant other as he pursued his career down here. the next week I was terminated. How would these be individually reported to UI. NY will ask for details on the severance package. If you’re lucky, your employer will fire you for poor performance. 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