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NYS Unemployment question

DrezDrez Registered User regular
edited August 2010 in Help / Advice Forum
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?

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Posts

  • SixSix Caches Tweets in the mainframe cyberhex Registered User regular
    edited August 2010
    As far as I know, you do need to submit for those weeks. You indicate that you worked, but that you have not returned to work permanently.

    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.

    Six on
    can you feel the struggle within?
  • DrezDrez Registered User regular
    edited August 2010
    Six wrote: »
    As far as I know, you do need to submit for those weeks. You indicate that you worked, but that you have not returned to work permanently.

    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.

    Drez on
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  • SixSix Caches Tweets in the mainframe cyberhex Registered User regular
    edited August 2010
    Drez wrote: »
    Six wrote: »
    As far as I know, you do need to submit for those weeks. You indicate that you worked, but that you have not returned to work permanently.

    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.

    Six on
    can you feel the struggle within?
  • DrezDrez Registered User regular
    edited August 2010
    Even their website is as vague as possible.

    For instance:
    Q: When should I file a claim?

    A: You should file your claim during your first week of total or partial unemployment - to delay may cost you benefits. If you have worked or will work four or more days or earn more than $405 gross pay between Monday and Sunday of the current week, you must wait until next Monday to file, if you are still unemployed.

    If you apply for unemployment insurance benefits today, your claim will be effective the Monday of the current week.

    If you would like to request credit for a period during which no valid claim was filed, write to New York State Department of Labor, Central Support Unit, P.O. Box 15130, Albany, New York 12212. E-mails requests will not be accepted. The letter should include your name, address, telephone number, your Social Security number, the period for which credit is being requested, and the reason why a claim was not filed at that time. The circumstances will be investigated and a determination will be made regarding eligibility for benefits.

    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.

    Drez on
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  • DrezDrez Registered User regular
    edited August 2010
    Six wrote: »
    Drez wrote: »
    Six wrote: »
    As far as I know, you do need to submit for those weeks. You indicate that you worked, but that you have not returned to work permanently.

    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.

    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.

    Drez on
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  • SixSix Caches Tweets in the mainframe cyberhex Registered User regular
    edited August 2010
    I believe when they say "file a claim" there they're talking about opening a new claim. Claiming your weekly benefits is not filing a claim.

    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.

    Six on
    can you feel the struggle within?
  • DrezDrez Registered User regular
    edited August 2010
    Six wrote: »
    I believe when they say "file a claim" there they're talking about opening a new claim. Claiming your weekly benefits is not filing a claim.

    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.

    Drez on
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  • SixSix Caches Tweets in the mainframe cyberhex Registered User regular
    edited August 2010
    Drez wrote: »
    Six wrote: »
    I believe when they say "file a claim" there they're talking about opening a new claim. Claiming your weekly benefits is not filing a claim.

    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.

    Six on
    can you feel the struggle within?
  • DrezDrez Registered User regular
    edited August 2010
    Six wrote: »
    Drez wrote: »
    Six wrote: »
    I believe when they say "file a claim" there they're talking about opening a new claim. Claiming your weekly benefits is not filing a claim.

    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.)

    Drez on
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  • khainkhain Registered User regular
    edited August 2010
    From the NYS website
    Q: What should I do when I return to work?

    A: When you get a job, you should claim credit for the last days you were out of work in the usual method (by telephone, mail, or online), then simply stop claiming your weekly benefits. Do not claim benefits for any week when you work more than three days or earn more than the maximum benefit rate (currently $405).

    |top|
    Q: What should I do if I become unemployed again?

    A: If you become unemployed again, for any reason, and your benefit year has not expired, you have the right to reopen your claim. Reopen your claim by logging in on the Benefits Online Page or by calling TEL-SERVICE.

    You may login on the Benefits Online Page and click on 'View Payment History' to find your benefit year ending date.

    If your benefit year has expired, you must login at the Benefits Online Page and file a new claim for benefits.

    |top|

    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.

    khain on
  • SixSix Caches Tweets in the mainframe cyberhex Registered User regular
    edited August 2010
    Yes, that's what I'd do.

    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.

    Six on
    can you feel the struggle within?
  • DrezDrez Registered User regular
    edited August 2010
    khain wrote: »
    From the NYS website
    Q: What should I do when I return to work?

    A: When you get a job, you should claim credit for the last days you were out of work in the usual method (by telephone, mail, or online), then simply stop claiming your weekly benefits. Do not claim benefits for any week when you work more than three days or earn more than the maximum benefit rate (currently $405).

    |top|
    Q: What should I do if I become unemployed again?

    A: If you become unemployed again, for any reason, and your benefit year has not expired, you have the right to reopen your claim. Reopen your claim by logging in on the Benefits Online Page or by calling TEL-SERVICE.

    You may login on the Benefits Online Page and click on 'View Payment History' to find your benefit year ending date.

    If your benefit year has expired, you must login at the Benefits Online Page and file a new claim for benefits.

    |top|

    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.

    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.

    Drez on
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  • SixSix Caches Tweets in the mainframe cyberhex Registered User regular
    edited August 2010
    Seems reasonable - I'm just not sure if they differentiate between tempt work and full time work. It doesn't look like it there.

    As I said, it's been a while for me.

    Six on
    can you feel the struggle within?
  • DrezDrez Registered User regular
    edited August 2010
    The whole thing is just confusing. But really, thanks for your help - both of you.

    Drez on
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  • rsanonrsanon Registered User new member
    Hi Drez,

    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?


  • DrezDrez Registered User regular
    Honestly? I can't remember. I am fairly certain I went directly into another assignment after the 1-2 weeks, so I ended up not intimating my claim anyway.

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