NY doesn’t have a state unemployment insurance tax for employees. Yes. A: If you receive New York State workers' compensation, but you are available and physically able to work, you may be eligible for unemployment insurance benefits. Would there be a problem for me to increase my monthly wage for the final quarter such that I would be eligible for the maximum $420? Visit ny.gov/vaccine to get the facts on the COVID-19 Vaccine in New York.. Thank you. Some states will grant another hearing on that alone. I did some work for a company in a different state in 2016. You write a letter to your boss(es) or HR describing in detail the hostile and abusive environment, and ask them to please correct same, because the stress is making you ill. Before you do that, see your doctor and have him state as much. You don’t state exactly what the issues are, but NY’s take on job duties, etc. That, in itself, is a material change. ?…..the stupid NY State website is DOWN, try to send a FAX and NO ANSWER….and calling them is a HUGE WASTE OF TIME when the person can’t even speak proper English…how can they hire people to help others if you can’t even understand what they are SAYING??? You can’t apply for a new claim until your first benefit year expires. How is my situation different from everyone else here who tried to certify from abroad? I then applied to NJ it has been almost 4 weeks and ther is no reply. Am I eligible to get unemployment for those days that I didn’t work? If this job ends before 2017, wait until Jan 2017 to apply so that you can include earnings through 12/31/2016. Since it’s been less that 1 calendar year but two different years (2016 & 2017) do my benefits re-up for the new employment that I did have?? you must accept it if: thanks debra. to create 100% unique articles, search for: Best article rewritwer Ercannou’s Could that combined with 1.5hrs travel time, non existing work duties (literally just sitting in a hot glass building doing nothing. If I was wrong, what are the repayment options? Can I apply for temporary disablitiy or unemployment. If you work fewer than four days in a week and earn less than your WBA, you can receive partial benefits. Further, even if you had given a month’s notice, you can’t quit without good cause. All out-of-state travelers must complete the form upon entering New York. you knew or should have known that your action would jeopardize your job. No. Don’t do that. Find yours, here: http://nyassembly.gov/mem/search/. Your benefits will be withheld during this process. I also applied for SSD but was denied (I will appeal). This includes training, as well as full-time, part-time, seasonal, per diem, probationary, occasional, temporary or permanent work. He was fine at first but today he told me he found my replacement. If you haven’t met the earning requirement, you may still receive benefits if you can prove (at appeal) that you quit the earlier job for good cause – such as a substantially better new job, hostile work environment, medical reasons. Numbers to call for out of state registration. It takes me 1 hour & 45 mins to get there.. Travel time is also inhibiting me. NY may require paystubs as its database may not reflect your recent earnings. You can request the other base period if your benefit will be improved. 13,619-46; A-750-767), https://www.labor.ny.gov/ui/aso/Section_1600.htm#1660C. 1099 work is not eligible for benefits. NYS will pay benefits for the day that you actually had a legitimate employment interview (that can result in legal employment) – even if out of the country – so long as you adhered 100% to the requirement they set out. Google Translate™ cannot translate all types of documents, and it may not give you an exact translation all the time. I called their office and i was told the same thing. Once you are on your feet, you can resume benefits from the unemployment claim. Just work until then. The traveler must, upon arrival in New York, quarantine for three days. If I just have to return the money I think is worth to try but if it can jeopardize my status better not. If yours was a clean job loss with no issue w/employer, NJ may actually be in a position to pay you within three weeks – benefits for weeks ending 1/21, 1/28, 2/4 – if you apply online today, or tomorrow latest. Is leaving a job for a better one or one for more growth is that a reason to disqualify me? My concern is if I leave and my husbund claims it for me from here they could find out later on as they do all the clearance and background checks related to the green card process. Applying for benefits is not the same as establishing a claim. If you are still denied, it may be another two months or longer before NY will hear the appeal. What you may have received is a letter of disqualification for x number of weeks. During this time, while waiting for severance to run out, do I need to provide evidence of job searches or other qualifying activities to qualify for unemployment benefits when I am eligible? Provided employer doesn’t allege misconduct, no, you won’t lose benefits if you are discharged. Instead say the company determined you were a bad fit. Read more, here: That program should pay benefits prior to and after delivery. I also have business cards. There is no way, in any state, to enhance your current benefit because of these recent earnings. Since this is 1099, a simple explanation from you that this was a short-term one-day a week free-lance SE gig, should preclude NY going further. That could become a problem. This information has just come to light and I am contemplating leaving for that very reason. Got it, thanks for the re-assurance!!! One more question for clarification: Before that I was working in New York for a few years. Could I establish my claim today or tomorrow morning and then do freelance work that evening? Under federal law, a material change such as you’ve experienced is tantamount to a discharge from your old job, and being offered new, unsuitable work as to hours/pay – i.e., going from full-time to part-time. Question i work a full time job from 1130pm -730 am then a part time job from 3-630pm mon-fri plus 7-1pm on Saturday. Nothing is still resolved. Yes. I was advised given that I listed I was discharged/fired, my questionnaire and my former employer’s response (phone rep. noted former employer responded 7/27/17) to said questionnaire is standard. They told me they wouldn’t contest my unemployment. If I worked say two 12 hour days as opposed to three 8 hour day? You’re the best. I feel for a person who has proven him/herself over a period of a certain amount of years ( maybe 5 years) to be a consistent seasonal worker and for the same company they SHOULD be able to receive a higher max $$$ that may be more in line with what they will be losing for the 4–5 months. While I was in the waiting period (first week) I did a job for one day (substitute worker, but pay was more than double that I would collect from one week of UI benefits). This might have triggered a discharge – for which you would be eligible for benefits. Too many people just walk away, but these decisions are not cast in stone. However, you are not allowed to submit any evidence at the BOR level other than what has already been presented at appeal. am i being paranoid for nothing?…should i just ASSUME its approved and to ignore the below dates…and just make sure its next wednesday? Yes, you absolutely qualify for benefits. Since there was no misconduct, you also could not call her back at all and avoid any questions. Unemployment benefits are paid only to those who are Able and Available – i.e., searching for and available to accept work. So what if she puts me on bedrest? Thank you. Will I be able to get unemployment benefits or will I be denied because of gross misconduct. Again, I am seeking employment and in my line of work my physical location is irrelevant. No state has a waiting period of seven weeks for benefits. I am scared that I wont receive unemployment, even though I know people that have gotten fired from their jobs for calling in and not showing up. Hope all is well. If I live in New York State, but worked in another state, where do I apply for benefits? Also, the freelance work would potentially start out with a paid test. You were warned by email on 3/16/17 not to assume ot was approved. Yes he is technically letting me go…. NY is a reasonable state, so you should qualify for benefits if you decide to quit. NY requires you notify them BEFORE leaving the country if you plan to search for work abroad. If you have been offered work at another location within reasonable distance of your home, it is unlikely NY will approve the claim. You are allowed an unlimited number of claims in your lifetime. I’d like to know the end of this story. Still, this claim was filed on 2/13 – to not have received any communication at all to date is pretty bad. NY is more fair than most states in analyzing situations involving he said/she said accusations of misconduct. If the free-lance work is paid on W-2, then you would be filing a claim on that most recent separation and listing that as your last employer. For my situation below, 1) is it better for me to claim unemployment insurance benefits in New Jersey (over New York), and 2) will I be provided back benefits — as of my first day of unemployment – Monday, Jan 9? The Unemployment Insurance cutoff wage is a If you’re lucky he will fire you. Claimant could be working on and off during benefit year and only be collecting intermittently. You may want to consult a NY employment atty before making this decision. For instance, if an individual lives in a state abutting New York, such as New Jersey, and worked in New York for the duration of his base period, that individual may file for unemployment benefits from New York. I chose the debit card option but am still waiting to recieve it?! Generally, the states won’t pay that week if you answer “yes” because the answer is confusing. You lose 25% of your weekly benefit any day or part of a day in which you work. Daphne as you know i re-applied after talking to an agent who reassured me (after i send in last pay check) that i qualify for base pay…so i certified this week and will see whats what.. NY says this on income: Earnings Required to Qualify for Benefits The review process typically takes 4-6 weeks to complete. It is an unemployment eligibility issue. The following week I didn’t work as I went twice to interview with the other company that was about to offer my the permanent job. If you are awarded disability (SSDI) retro to the time you applied for benefits – unlikely, because usually there is a five-month exclusion – you need to repay the weeks for which you were paid twice. You must perform work searches for each week you claim. Still, there are other reasons the state may deny benefits. Thanks for your reply. Because you earned more than a week’s benefit that day, the following week should become your unpaid waiting week. Getting job referrals and job matches from the Career Center and following up with employers. I wear a full orthopedic boot on my right foot and I am mobile via wheelchair and walker. You have to find a way to convey that punching in early was an oversight/reflexive action and not done to intentionally increase your earnings. Will the disability benefits I was receiving while employed be terminated as a result of my lay off? Then apply for unemployment benefits. You can reapply for a new claim when the first benefit year expires. I assume NY sent you a questionnaire which you’ve returned? 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? 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? I claimed unemployment in 2016 and used up all my unemployment benefits for 2016. How do I know if my 2016 claim has expired? The base year for earnings, monetary value of the claim, and weekly benefit paid are determined at the time the claim is opened and cannot be changed. The benefit is based on wages appearing in whatever base period NY is using for you. NY is generally not that hard to reach. 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. Poor performance is not disqualifying unless employer can prove it is intentional. When the job is completed, you call NY to REOPEN the claim to collect whatever benefits remains – or attempt to reopen online. No – not Feb. 2016. If I just request termination will I be able to collect then? We provide time Or will my base period be Q3 2016, Q2 2016, Q1 2016, and Q4 2015? Find yours, here: Reps are very effective at motivating the states to act. I am trying to say there should be different calculations for the seasonal worker who goes back to the same company and job year after year after year! Separate quarters with separate bathroom facilities for each individual or family group. That said, punching in early isn’t a serious rules violation – more a laughable one. I started to receive unemployment payments and was approved. On day 4 of their quarantine, the traveler must obtain another COVID test. 1099/SE/freelance is a great way for the company to save itself a lot of money in payroll taxes – this is why they are doing it. I started working in May 2015. This includes instances such as an essential worker passing through New York, delivering goods, awaiting flight layovers, and other short duration activities. I will be freelance-working for a NY company next month but it is most likely it won’t have any work for me beyond then. NJ base period will be October 1, 2015-September 30, 2016 – or, possibly its Alternate Base Period #1 Jan-Dec.2016 which will include NY/NJ/PA earnings. quarters of your base period. If you can present compelling evidence, NY should approve – although you may need to appeal to get there. -if I do nothing, Before that I had contract work from Apr – July, 2016. I would answer the question, exactly as asked. I have everything documented…. She does happen to have another business with a separate LLC and she is offering me a month of temporary work at my same salary with this other company. not sure how to post a question. Services. Governor Andrew M. Cuomo has announced new guidelines allowing travelers to New York to “test out” of the mandatory 10-day quarantine for asymptomatic individuals. I assume the website at least has a record of your application?? You will need to provide NY proof of the value of this housing. Hi, my last day worked was 8/18/17. or what other options do i have if he doesn’t change it? Displayed here are Job Ads that match your query. Page 1 of 16 jobs. been paid at least $6,000 ($4,000 x 1.5 = $6,000) total for all four I dont like these games either but I do need to eat. I just lost the job which was my primary, (only significant), income. Will I be able to claim unemployment benefits? Weekly benefits are set by the state legislatures. When should I apply for benefits? No. 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. Can I still collect NYS unemployment there until i find a job? Thx. A condition for collecting benefits, aside from being unemployed, is that you are searching for and able to immediately accept work if offered. You must continue to certify each week to protect your rights to benefits. It is now Feb 2017 and I still have yet to find work in my field. Exception: If your high quarter wages were $9,460 or more, you must have been paid at least $4,730 (half of $9,460) total in the other three quarters of your base period. Very helpful, much appreciated! 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. It is unlikely you will prevail – even at appeal. Just to work through coworker’s vacation and then leave? But get laid off in New York City, as … Thank you. Processing can often take much longer. As you can imagine, it is tough to focus on much else when your benefits are in limbo. I have been claiming benefits regularly since the 2 weeks after missing/ returning (4 weeks now), but my account is still on hold. In this event, you will need to provide NJ paystubs/proof of earnings.”. So my recruiter called me and asked if I wouldn’t say anything more, I even extended out my start date to help train my replacement. I was terminated from a company out of nowhere over a month ago by phone. After the meeting I asked the hr Manager if that was a write up she said no it just was to diffuse the situation. You may be able to combine wages from all the states where you worked in the past 18 months. This isn’t a NY issue. Medium Term – for essential workers traveling to New York State for a period of less than 36 hours, requiring them to stay overnight. I have been claiming unemployment for a few weeks and just recently was offered a full time position I would be happy with long-term, but that position would not start until September. when i started working there i was told i would be part time meanwhile i have been working full time hrs. You must be actively engaged in the job hunt to receive benefits. If you apply this week, at best you will receive benefits only for week ending 4/29. If you are found to be eligible, you will receive payment for each week you have certified for.Your claim is on hold pending review because we have received information indicating that you have voluntarily left your job. Would I need to repay any unemployment benefits if I am eventually awarded disability retirement (would receive a lump-sum dating back to my separation date)? You won’t be arrested, so don’t worry about that. The travel guidelines require all New Yorkers, as well as those visiting from out-of-state, to take personal responsibility for compliance in the best interest of public health and safety. HELP! I am actively seeking employment in GA and I have rented a house there already. Employer citing poor performance is not disqualifying unless they can prove you intentionally did perform as expected. If your employer fired you for actions considered to disregard their interests, the state may consider that misconduct connected to work. Just so that my claim year doesn’t get pushed back too late if I need to claim sooner than June again next summer? Per NY: What is considered work? I live in NY but worked in CT. Do I file in NY or in CT? The banking world is going through a lot of re-structuring since people are coming forward with claims of mistreatment and unfair practices, so I’ve tried elsewhere and some places with lower pay to be able to support myself once again but i’m still not having any luck. Therefore, you file no claims while you are freelancing if your freelance hours/work are the equivalent of your weekly benefit. Best way is to keep things simple and not claim at all while working freelance. Now I am seeking for employment again. This coming Saturday I will have worked 21 days straight without a day off. Apply now. i just got fired 3 weeks from the 6 mth date which made me uneligible based on 2 quarters.. I did apply online this past Tuesday evening (after I got advice from the NY DOL rep). 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. If I accepted the above and was not hired full-time, would my UI benefits be “paused” for the duration of my freelance engagement, with the ability to pick up where they left off after it ends, or would I lose any benefit weeks worked during this time? They transfered me to person handling my case, i left a voicemail with ss# and call back. What does NY say when you call them?? essential tools. Talking directly to an unemployment worker is fruitless in almost all states when there is a snag in the processing. Per my contract, I worked the 10 months required, but my pay is split over 12 months, and my last paycheck will be mid-August. you in your high quarter. I was told verbatim its better if we just call it. It will stay on NY’s books for a year and be there for you to reopen if you need it. Without a better explanation of your “personal” reason, there is no way to know if NY will grant benefits. You scratch out you are leaving under your own will. To qualify for benefits, you must meet all three of the following earnings requirements during your base period (basic or alternate): My boss in CA was paying my full Cobra benefits (from the job I left for this one) until recently, now he only pays 1/2 of the benefit. I understand one of the stipulations is you need to work 6 months but i did not know if there was something that could be done because the employer closed up shop. Thank you very much for any help! I got blocked by the system but was able to certify by using my US phone with US IP address. Most recent employer’s Federal Employer Identification Number (FEIN). How would these be individually reported to UI. NY requires two quarters of earnings before you are eligible. Which means, if you work three six hour days, you lose 75% of your benefit – and are paid 25% of the benefit amount. Be sure you maintain contact with that agency inquiring about other work or the agency may call this a quit, instead of end of an assignment. 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. When you certify for benefits, you are certifying that you are searching for work and are instantly available to start another job. Chances are the three days you are working exceeds whatever NY’s weekly benefit (WBA) would be for you. Went to work right after that for 2 months part time. Will I be eligible to file for unemployment? Or is that for a lifetime in that state? However I am looking at a PT seasonal job that is only 3 days a week/20 hours that would last 6 months. http://www.cbpp.org/research/economy/policy-basics-how-many-weeks-of-unemployment-compensation-are-available. I was considered for a temp to perm job and was ask to go for a “workday/interview”. She was called over the phone and basically told that she is a hard worker and a nice person but the other workers in the boutique where not comfortable with her as she was not laid back enough. I just quit my job after working 27 years. When I asked why they said do remember that conversation we had in February I said yes well 2 more people complained about you starring at them and that it made them feel uncomfortable. You committed fraud. Whereas, NY, on the other hand, will dock you 25% of your weekly benefit for every “day” you work. After 2 weeks An emergency situation in my family forced me to leave the country as I was informed that my 85 year old grandmother was in critical condition. I am not working now as I stated before, the job that I was offered didn’t work out. Any activity that brings in or may bring in income at any time must be reported as work, even if it is only an hour or less. I worked a contracting job in New Jersey from the beginning of January until this week in May, when I was terminated. That said, you may still qualify now if you have had other earnings in 2016. NY has been reasonable on quits involving new jobs which aren’t as they were represented. @herman – Indeed, NY does contact your former employer. To qualify for benefits, you must meet all three of the following earnings NJ career centers listed, here: http://careerconnections.nj.gov/careerconnections/plan/support/njccsites/one_stop_career_centers.shtml. You will have to file a claim each week, called certifying for benefits. You are working remotely for a California-based company. If both tests comes back negative, the traveler may exit quarantine early upon receipt of the second negative diagnostic test. The New York State Department of Labor (NYSDOL) decides if a business must pay unemployment insurance. Also, I’m not clear about the rule that “total base period wages were no less than one and a half times the wages paid in the highest quarter”. and he cancelled the first unemployment application. Just be sure to notify NY of your change of address BEFORE you move. 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. Will I be eligible for NYS unemployment benefits? I was worried that my total 26-week period would expire & I might want to keep some weeks in future if years down the line I was in a real bind. Stop claiming the week you begin the freelance job. Yes. If they do, there is little you can do about that except appeal. These seasonal workers can’t find jobs most of the time for the off season, and if they do its for minimum wage and they won’t get rehired because they quit when their season of regular work starts back up. I resigned due to my ex employer not giving me a raise 4 years ago,and they went and hired a staff member from another department paying her more money than me,I have been there for 7 years,do I qualify for unemployment benefits? I did ask a lawyer friend his advice about this and said having a professional license doesn’t disqualify me, as long as Im available to work.Can you also confirm this? Very much appreciated. Either way, no benefits can be paid in your situation. A travel enforcement operation will commence at airports across the state to help ensure travelers are following the state's travel restrictions. If you’ve earned more than that, the benefit remains at $420. is that still OK? Thank you. The states make the decision on whether or not to grant employer another bite at the apple. Hi there. Wage investigations take time. If memory serves, I’d two previous conversations with my supervisor on areas of opportunity/improvement (one of which I was therein informed this was a blanket procedure wherein they were having conversations of that nature with a multitude of employees) but my first and only formal write-up was on 7/12/1/7, two days before I was let go. requirements during your base period (basic or alternate): Your friend is wrong. Then you ask them about repayment options. The state will inform you in the Monetary Determination notice. • You must have been paid at least $1,900 in one calendar quarter; and why is it that way? If you have been discharged, by all means apply now. In your case, the quit doesn’t matter because you worked long enough at the new job to purge a quit without cause penalty. Earliest you can apply in PA would be April when it will capture the Oct/Nov. This site is privately owned and is neither I have no other source of income. @jay – Yes, you can apply for benefits. If you travel to a foreign country (except Canada), you should not claim benefits while you are in the foreign country. If you collected six months benefits, then worked two months, it appears your claim began Dec. 2015/Jan. Wait until you’re back home to claim weekly benefits when you are legitimately searching for and available to work. Will this part-time job prevent me from claiming UI? Read 4.b., here: https://wdr.doleta.gov/directives/attach/UIPL41-98.cfm. NY does its best to avoid appeals, so does read your responses carefully. Unemployment insurance is temporary income for workers who become unemployed through no fault of their own. I currently reside in NY. That’s good enough. Will I be eligible for benefits once the temp job ends? Will I still be able to collect unemployment if I decline the job offering? If you recently finished school or are newly unemployed, you might be thinking about taking your unwanted free time to travel abroad. I have found a new job that starts one the 1st of May. How will my unemployment benefits be impacted? It could. So i am not sure how to describe this on my claim form. I was just laid off in New Jersey after working 12 weeks due to budget cuts. This process will take four months at least, possibly much longer. I have been a license real estate agent in NY for 10 years. Parking distant of the location and using a wheel chair to get in seems unreasonble to me if I can go to a site that is a closer drive and has handicapped parking on site. Last quarter in your original job do they consider that quit and receive unemployment benefits a protest of conditions. Married in one calendar quarter of at least $ 1,900 in one calendar quarter of your New home offers... 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