Filling unemployment in a new state

noir_blood

For the last six years, I'd lived and worked in Dallas, Texas.

This past May I moved up to New York and found a job. Unfortunately, it was with a startup, and we received word that the company is shutting down. Just got my official exit letter. Overall, I worked three months with the company.

My question is, can I file for unemployment in New York for that short amount of time? Do I have to file in Texas? Or worse, do I not get any unemployment?

Darkewolfe

noir_blood wrote: »

For the last six years, I'd lived and worked in Dallas, Texas.

This past May I moved up to New York and found a job. Unfortunately, it was with a startup, and we received word that the company is shutting down. Just got my official exit letter. Overall, I worked three months with the company.

My question is, can I file for unemployment in New York for that short amount of time? Do I have to file in Texas? Or worse, do I not get any unemployment?

You must have worked and been paid wages for work in at least two calendar quarters in your base period,
AND
You must have been paid at least $1,600 in wages in one of the calendar quarters in your base period,
AND
The total wages paid to you in your base period must be one and one-half times your high quarter wages.

Source: http://www.labor.ny.gov/ui/claimantinfo/beforeyouapplyfaq.shtm#0

Edit: Which is to say, it looks like you need to have worked at least six months.

zepherin

If some of your base period is in New York, you file a combined wage claim New York, they will look back at Texas. I had the same issue with Virginia and Maryland.

"A claim filed when a claimant has earned wage credits in two or more states, and combining these wages would either establish a benefit rate for the claimant or increase the benefit rate. To file a combined wage claim in New York, the individual must have employment and wages in the base period in New York. The claimant does not have to reside in New York."

Also Calendar quarters is not really 6 months.
"The 3 month period beginning with January, April, July, and October.
1st quarter: January 1 through March 31
2nd quarter: April 1 through June 30
3rd quarter: July 1 through September 30
4th quarter: October 1 through December 31"

If that is not appropriate or New York says no
"The Paying state is the state where the claimant files the the initial claim provided that the claimant must have base period wages in the Paying state. The base period and laws of the Paying State are used in determining benefits. If the claimant's wages are not sufficient to qualify in that state, then the claimant may file a CWC with the last state in which the claimant worked and that state would be the Paying State."


sources
"http://www.labor.ny.gov/ui/claimantinfo/claimant-glossary.shtm"
"http://www.vidol.gov/Units/Unemployment_Insurance/UI_Claims.htm"
http://www.twc.state.tx.us/ui/appl/appeal-hearing-officer-handbook-special-programs.html

cabsy

I worked in KY for four years, moved to NYS in January, and was terminated in early May. You file your claim through NYS unemployment, which is remarkably easy due to their entirely online process, and then you spend time sending back paperwork that they'll want you to fill out (probably while they fuck around for a while trying to figure out which state is paying what and how), and you may have to call them a few times, and you may not get a first UI check in a timely manner at first, but continue to file your weekly claims while they sort it all out and they'll send you a back payment once they finally settle which state is paying. You'll have to sign off that you realize that filing through NYS means you cannot later file a claim in the state of Texas. I eventually got a $1k back payment because it took them nearly five weeks to get it all sorted out with my previous employer and the state of Kentucky.

Veevee

Also be careful about states requiring you to live and look for work within the state to collect benefits. I moved from Florida back home to Wisconsin 2 years ago after a contract job was up, and I couldn't find work right away so I thought about filing for unemployment. Wisconsin said no since I didn't have any in state work history for the last 6ish months, and Florida said no since I was no longer living in state and wouldn't be looking for work in state.

LavaKnight

cabsy wrote: »

I worked in KY for four years, moved to NYS in January, and was terminated in early May. You file your claim through NYS unemployment, which is remarkably easy due to their entirely online process, and then you spend time sending back paperwork that they'll want you to fill out (probably while they fuck around for a while trying to figure out which state is paying what and how), and you may have to call them a few times, and you may not get a first UI check in a timely manner at first, but continue to file your weekly claims while they sort it all out and they'll send you a back payment once they finally settle which state is paying. You'll have to sign off that you realize that filing through NYS means you cannot later file a claim in the state of Texas. I eventually got a $1k back payment because it took them nearly five weeks to get it all sorted out with my previous employer and the state of Kentucky.

This was similar to my experience as well.

I worked a few months in NYC before being let go from a temporary job, and when I filed I was *just* under the such and such number of quarters needing to have worked. However when I finally got through to someone in the unemployment office (in an airport just minutes before a flight, no less!), they were really helpful and said that my previous year's work history in Washington counted towards the total, and started me up right away.

I'm not exactly sure on the particulars, and I believe that my stipend was set solely on what I made in NY, however my previous year of work was more than enough to establish my having earned the benefits.

I guess in sum I would say to apply with a combined wage claim as Zepherin mentions, and if it is rejected for any reason make sure to call the unemployment office and see why and what they can do.