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NYS Unemployment question
Drez
Registered User regular
Registered User regular
So the New York State unemployment phone system is a labyrinth filled with millions of menus that lead to nothing and then after 20 minutes a minotaur comes on the line and hangs up on you saying that they have so many calls they can't even put you on hold #$@*&(#*&#@(*&#@(*&@#(*@&#(*@#&(*@#$&*(.
So I thought I'd ask here.
Long story short, I have a valid unemployment claim on file. I've been collecting unemployment for some time. Last week I started a short temporary assignment. It is most likely going to end at the end of this week. Which is two weeks I cannot collect unemployment.
My understanding is that you can continue collecting again once you are no longer working, if you have a pre-existing, valid claim.
My question is what I need to do for this week and next week. Normally, you put your weekly claim in on Sunday (through Thursday, I believe, but I always put the claim in on Sunday). I did not do so this week, obviously.
My question is whether or not I have to actually submit anything, stating that I "returned to work" even though I did not return to permanent employment. I don't want them to preemptively close my claim, but I also don't want them to say "oh hey wtf didn't you submit anything for the last two weeks?" I'm not sure if that matters or not.
I haven't found any information suggesting what I should do in this situation. My instinct is to file nothing this week and nothing next week and if I am indeed unemployed again the week after, I should file a claim then as if no time had passed.
Anyone know?
So I thought I'd ask here.
Long story short, I have a valid unemployment claim on file. I've been collecting unemployment for some time. Last week I started a short temporary assignment. It is most likely going to end at the end of this week. Which is two weeks I cannot collect unemployment.
My understanding is that you can continue collecting again once you are no longer working, if you have a pre-existing, valid claim.
My question is what I need to do for this week and next week. Normally, you put your weekly claim in on Sunday (through Thursday, I believe, but I always put the claim in on Sunday). I did not do so this week, obviously.
My question is whether or not I have to actually submit anything, stating that I "returned to work" even though I did not return to permanent employment. I don't want them to preemptively close my claim, but I also don't want them to say "oh hey wtf didn't you submit anything for the last two weeks?" I'm not sure if that matters or not.
I haven't found any information suggesting what I should do in this situation. My instinct is to file nothing this week and nothing next week and if I am indeed unemployed again the week after, I should file a claim then as if no time had passed.
Anyone know?
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It's been a while since I was on NY unemployment, but I seem to remember the ability to indicate if you worked, and if so exactly how much for the week.
Yes, filing a weekly claim and stating that I worked during the week is an option, except it doesn't make much sense to me. Also, the final question they ask is "have you returned to work full time?" I'm afraid a "yes" there will cancel out my claim. But I can't very well answer no either.
I guess I'll call them tomorrow earlier in the day. Their phone system is the worst fucking thing I've ever had to deal with with regard to phone support.
You answer no there. You haven't returned to work full time.
Don't skip the week, though. You need to report that you're working.
For instance:
What does "file a claim" mean? Does it mean filing a claim for the first time after becoming unemployed? Or does it mean your weekly claim? That's two totally different situations.
I mean, in the above it suggests not filing until "the next week" if you've earned more than $405 gross between Monday and Sunday of the current week.
How am I to interpret that?
Link: http://www.labor.ny.gov/ui/claimantinfo/beforeyouapplyfaq.shtm#2
There are other questions on that page that say that if you earned over $405 for the week, benefits cannot be paid to you that week. No mention is made as to whether or not you are required to file anything for weeks in which you made $405.
Except that would be a lie, wouldn't it? "Full time" insofar as New York State is concerned is "35+ hours per week," isn't it? I mean there's a difference between temporary/permanent and part time/full time. Full time and permanent aren't equivalent terms. Technically, legally, I worked "full time" last week and I am working full time this week.
The hitch is the word "returned." "Returned to work full time" does, in context, sound like they are asking if you've secured a permanent position. But that's not what those words really mean, in a technical or legal sense (as far as I know - I'm not a lawyer).
I know I'm probably overthinking it and worrying too much, but there's big red disclaimers all over the site about how lying in any way can cause you to lose benefits. And I trust New York State about as far as I can throw it. And you know how heavy the state is? It's probably pretty heavy. So I don't think I can throw it at all. Point being, I don't want to leave any ambiguity in their application to chance.
I'm still not certain of the logic of filing a claim for a week where I am not due benefits, though. Why should I have to do so? It's not as though my wages aren't being reported to New York State anyway.
I agree it's confusing as hell and their phone system is the worst.
My recommendation is claim for the week, but put that you worked and made more than $405. Do this for both weeks. Then continue on as normal.
What happens is they verify your working during that time. This is important. If you don't report it, it can become an issue later.
But why/how? Can you explain?
I don't disbelieve you or anything. I just don't understand why, and I am so far unable to find any explanation.
p.s. Thanks for your help and bearing with me and all these questions. I'm frustrated with their whole fucking system and it looks like NYS has one of the most clear-cut, really, after browsing around some other states' websites.
Yeah, I've also gotten unemployment in NJ, and it was even worse than NY. You have to use their website during a specific time period on a specific day to get your benefits. if you miss the window, you have to brave the phone system.
Anyway, I'm not sure what the logic is exactly, but I do know if you skip a week without filing, they're going to come calling wanting to know why. Did you work? Yes? Why didn't you tell us? Then they basically audit you. While they're doing this, they stop all payments.
It happened to me twice when I was on NY unemployment. yes, you get all the money eventually, but it's a giant pain in the ass.
My situation is a little different because what I did was say that I worked (I did), but I never got paid so I didn't report money. This was true, but threw up all their red flags so they had to investigate. Once you get people on the phone it gets sorted out quickly enough (and the people are nice, if exhausted), but they're holding your benefits the whole time.
Gotcha.
So you recommend I do this:
During the week ending 8/8/2010, did you refuse any job offer or referral? No
How many days did you work, including self-employment, during the week ending 8/8/2010? 4 or more
Excluding earnings from self-employment, did you earn more than $405? Yes
How many days were you NOT ready, willing, and able to work? 0
How many days were you owed vacation pay or did you receive vacation pay? 0
How many days were you owed holiday pay or did you receive holiday pay? 0
Have you returned to work full time? No
And do the same thing next week.
And then start claiming again the week after (if I must).
And you suspect that won't raise any red flags or cause any problems or delays for me? Or close my claim?
(Really, thanks a bunch for the help here.)
It pretty clearly states that if you return to work then you stop claiming your weekly benefits and if you become unemployed in the same benefit year then you just reopen your old claim.
What will happen (I believe) is that you're going to get a letter asking for more information about when you worked. Who was it for, etc, etc. They then try to verify that with your employer. If everything checks out, gravy.
If not, heartache. This is what happened to me. Since I never actually got paid for what I did, my "employer" had no records, and the unemployment people were like WTFSTOPMONEY.
Wait, where does it say that?
I admit the entire site makes my head scream in torment.
fake edit: http://www.labor.ny.gov/ui/claimantinfo/onceyouhaveappliedfaq.shtm#16
Found it, thanks khain.
Six: Take a look at what khain just posted...
I vaguely remember being unemployed four years ago and doing something like the above (not filing anything and then just applying again when I needed to).
Anyway, thanks all. I guess I didn't scour the site hard enough.
As I said, it's been a while for me.
What did you end up doing? I'm kinda in the same position.
I am currently on unemployment, but will start a short assignment for a few weeks. Do I answer I have returned to work full time? Though, after a few weeks, I will need to start collecting again?