So confused about unemployment.

Drez

So I am applying for unemployment again. I'm pretty sure I'm eligible but I'm not sure what I'm supposed to do for a number of reasons:

a) My employer. I have been working for five months at an assignment lined up for me by a staffing agency. I believe I have to list my staffing agency as the employer and their FEIN, right?

b) My state. Okay this is the tricky one. The assignment was in New Jersey and I *am* paying New Jersey taxes but technically I'm an employee of the staffing agency which is New York-based. So when asked "have you worked in New York in the last 18 months" what do I say? Technically this is true anyway, as I worked somewhere toward the middle of the year, but in case it comes up again with a shorter timespan (like last six months), which is correct? Have I technically only been working in New Jersey?

Probably sounds like easy logic, but I find very little about the government to be logical.

Daenris

Just call up the unemployment office and ask. I'm sure they've gotten the same question before.

Did the staffing agency just find you the job after which you worked for the company, or did you sign employment papers/etc with the staffing agency? (where does your check come from?)

Drez

*shudder*

I was on unemployment early last year. Calling them is...not fun. Its a mishmash of dead phone networks that connect to a billion recursive menus and no agents. I'm sure I can find someone if I pressed deep enough but that's a last ditch. =/

Check comes from staffing agency and the handbook has something about denying unemployment if you don't let them know when an assignment ends, so I'm assuming they are the "employer" in this case.

Also:

Continue to receive wages:
Under the law, benefits can only be paid to a claimant who is determined to be totally unemployed. An unemployed worker may continue to receive wages following his/her last day of work and not be required to perform any work. Wages received after your last day of work may include payments in the form of severance, in-lieu-of-notice, or WARN. These wages do not include any pay you may receive for unused vacation or holiday accruals or work you performed prior to your last day.

This confuses me. I will be getting a check on Friday for last week's work. Does the bolded sentence mean I should answer "no" to "continue to receive wages"? Meaning, "continue to receive wages" is merely for anyone collecting severance and whatnot?

Daenris

Drez wrote: »

*shudder*

I was on unemployment early last year. Calling them is...not fun. Its a mishmash of dead phone networks that connect to a billion recursive menus and no agents. I'm sure I can find someone if I pressed deep enough but that's a last ditch. =/

Check comes from staffing agency and the handbook has something about denying unemployment if you don't let them know when an assignment ends, so I'm assuming they are the "employer" in this case.

Yes, they're your employer, though I don't know the answer to the New York/New Jersey issue.

Also:

Continue to receive wages:
Under the law, benefits can only be paid to a claimant who is determined to be totally unemployed. An unemployed worker may continue to receive wages following his/her last day of work and not be required to perform any work. Wages received after your last day of work may include payments in the form of severance, in-lieu-of-notice, or WARN. These wages do not include any pay you may receive for unused vacation or holiday accruals or work you performed prior to your last day.

This confuses me. I will be getting a check on Friday for last week's work. Does the bolded sentence mean I should answer "no" to "continue to receive wages"? Meaning, "continue to receive wages" is merely for anyone collecting severance and whatnot?

I'm fairly sure that a final paycheck would not count as continued wages, but not positive.

muninn

I would call the unemployment office to make sure. It sucks that they are so crappy in NJ, because in PA those phone lines are staffed by delightful and helpful elderly people.
Your staffing agency is definately your "employer" as they are paying you your wages as well as all the relevant taxes. Now was the company HQ located in NY or your actual assignment office in that state? I would look at the check to see which state taxes were paid.
And the last week of employment check shouldnt count as "receiving wages" to the best of my knowledge (I didnt put it as such on my unemployment form).

Drez

Thanks guys.

I forgot to post again...I registered and even called the unemployment office as directed online. Got in touch with an agent in far less time than I expected (though the first time I called they disconnected me saying the volume of calls was too high and that I should try calling back in 20 minute intervals, just so you know I wasn't bullshitting about it being a pain in the ass to call them). Long story short, I'm eligible and processed.

Thanks!

Oh if anyone's curious:

- Yes, the staffing agency is the employer (which I had figured anyway)
- The "wages" were listed for me in New Jersey which is actually why I had to call an agent...the system rejected me automatically because it didn't find anything in New York (though it didn't tell me this...it just told me to call them)

Thanks!

Drez

muninn wrote: »

I would call the unemployment office to make sure. It sucks that they are so crappy in NJ, because in PA those phone lines are staffed by delightful and helpful elderly people.
Your staffing agency is definately your "employer" as they are paying you your wages as well as all the relevant taxes. Now was the company HQ located in NY or your actual assignment office in that state? I would look at the check to see which state taxes were paid.
And the last week of employment check shouldnt count as "receiving wages" to the best of my knowledge (I didnt put it as such on my unemployment form).

Oh, on this: Both. I was paying NY and NJ taxes. You actually have to pay both when you live in New York and work in New Jersey. That was a third layer of confusion I didn't even bring into the thread. Labor laws are so weird.

Ultimanecat

Unemployment is hardly straightforward for people that live in one state or work in another, or have moved recently. I know that I'm in the same mess because I just moved from Florida to California last June, took a job, and subsequently said job lost its funding and couldn't cut me paychecks.

You're going to have to talk to somebody at the New Jersey equivalent to the EDD and work it out. Filling out the form blindly in these situations will either just get you tossed or you'll get nailed later on and make you pay money back (it happens!). I don't look forward to doing it, but hey, if you want that check from Uncle Sugar, a little bit of a pain in the ass is worth it.