Unemployment Claims

[inrad]

I am of the opinion that this law was better before it was changed. If we could get enough signatures on a petition, calls to our Representatives, etc. we could see this law put back the way it was. The new head of the Department of Labor will be Rep. Hilda Solis, who is likely to be favorable to this cause. Please, if anyone is interested and knows how to word a petition, and who would be willing to host it on their servers, lets start putting something together. Laws are like winds, they blow one way and then another. Don't think this can't be corrected. 

[Rob143]

I am of the opinion that this law was better before it was changed.

No doubt about it.



I'm not sure a petition as suggested works here but it can't hurt anything.

You are absolutely correct with the laws are like winds analogy.

I do think this issue will be revisited once the new administration takes over.  Once we have contact info a few thousands of nudges would be a starting point.  Write and call the new Secretary of Labor and don't take no for an answer.

[thenukeman]

Since Bartlett is in Mass and if you are paid out of Mass can you claim Mass. The way I read above you can.   Problem is no one has tried or got this in writing yet that I know of.  I would like to know if anyone has information on this.

[isfsitech]

    The federal government has done away with claims on 2 different states. I am lost as to how to file unemployment if you haven't worked in a state in the required quarters.

[techtoolong]

Where you able to open a claim anywhere ?

[wander_lust524]

I just filed a combined wage unemployment claim in california.  In the last year I worked in both California and Florida.  Originally I was told I would be eligible for $380 per week in CA.  Then I got a letter from CA saying I now was eligible for $421 in CA.  I got a separate letter from FL saying I was eligible for $275 a week in FL.  So... now what?  Do i have to choose between the two or did I get offered $421 because that includes the $275?  I'm so confused ?!?!?!?

[techtoolong]

I worked in five states last year and live in a another.  I have a coworker that their claim is out of funds ( Mass open until April ) they cannot get a extension.  Mass told them contact a state you worked, PA told him Mass had used all of his funds. I think Big Blue needs to report our wages to Mass.  If it is that simple.  This is going to to be a mess.

[Rob143]

I worked in five states last year and live in a another.  I have a coworker that their claim is out of funds ( Mass open until April ) they cannot get a extension.  Mass told them contact a state you worked, PA told him Mass had used all of his funds. I think Big Blue needs to report our wages to Mass.  If it is that simple.  This is going to to be a mess.

It would be possible your co-worker is eligible for PA but the odds are against them.  If their Mass claim was opened in April 2008 then the base year to establish that claim ended with 1Q2008.  PA utilizes a lag quarter which means the current quarter AND 4Q2008 will not be used to establish a new PA claim.  You can indeed open a new claim in another state upon exhausting all benefits on a current claim, however you must have wages subsequent to opening the previous claim AND qualify under the rules of the new state. 

In order to qualify for PA now without the combined wage claim as an option your co-worker would need to have 1) worked in PA in 2Q2008 or 3Q2008 [to file an interstate claim] 2) worked 18 weeks in PA or a total of 18 weeks in multiple states including PA in 2Q2008 or 3Q2008 [there are only 26 weeks available in which to have done this] 3) have a minimum of 20% of your base year wages outside your high quarter [high quarter of $13,888, or $26.71/hr to qualify under alternate method, to max] 4) total base year wages of $22,240 to max.

It's not impossible in any way for them to qualify but it seems unlikely.  I do however find PA's comment about Mass using all their funds unlikely if not untruthful.  If he's just now running out of benefits on a claim opened 10 months ago he had to have worked in the interim.

He will need to determine exactly what weeks and wages he had during the 2nd and 3rd quarters of 2008. Realize that the 2nd quarter is April 6, 2008 thru July 5, 2008 and the 3rd quarter is July 6, 2008 thru October 4, 2008 because unemployment weeks are based on the Sunday on which the week began.

Those 18 credit weeks include any week in which you had earnings of $50 or more and if you got a Sunday layoff you get an extra credit week out of that one day.

[Rob143]

I just filed a combined wage unemployment claim in california.  In the last year I worked in both California and Florida.  Originally I was told I would be eligible for $380 per week in CA.  Then I got a letter from CA saying I now was eligible for $421 in CA.  I got a separate letter from FL saying I was eligible for $275 a week in FL.  So... now what?  Do i have to choose between the two or did I get offered $421 because that includes the $275?  I'm so confused ?!?!?!?

The $421 is what you qualify for under CA rules.  It has nothing to do with FL or their $275 benefit rate.

[work thru lunch]

is there extentsions for unemployment now if needed?

[work thru lunch]

Yes

what do you have to do to get an extentsion once you cash run's out for your year

[Rob143]

Mass. told me to call, I did, took < than a minute, it was done!

My Mass claim ran out back in November with quite a few checks left on the table so I won't be filing for one myself.  I did however have a co-worker tell me he was told that needed to be done BEFORE you drew out all money in your account.  Is that what Mass told you RB, or was I misinformed?  I would hate to see anybody lose 9 more checks simply due to not knowing that if it is correct.

[work thru lunch]

thank both of you very much for the info

[wander_lust524]

Thanks for the info!! Does anyone know if you have to pay taxes on the money you recieve from unemployment at the end of the year or is it tax free?

[Lorrie Henson]

You will get a 1099-G for your unemployment and it is considered taxable income... you have to claim it on your Federal and file a State form if the state you claimed on isn't a state-tax free state (there are only 6 states where you don't pay state taxes).

[techtoolong]

RB when did you get your Mass extension?  I have friend who recently ran out off funds and they told him call a state where you worked.  He is getting the run around from Mass, PA, and SC. 

[techtoolong]

That is wierd  his ran out at the same time.  Did you work in Mass or do you live there ?

[Nuclear Hooker]

Looks like there might be some good that comes out of the stimulus bill.  I think a lot more people will sign up for Bartletts insurance if this passes.


If you are among the 1.5 million Americans who have lost their job since September 2008 and are paying to extend your company-sponsored health insurance under a law called COBRA, studies confirm what you already know: The payments are killing you. In 41 states, according to a recent survey by Families USA, average COBRA payments amounted to more than three-quarters of those states' average unemployment benefits.

But according to the fine print of the stimulus bill being hammered out between the U.S. Senate and House of Representatives, help is on the way -- for those who elected and are paying for health insurance under COBRA, and for many of those who took a look at the prospective price tag and said "no thanks."

The two bills differ in how generously they will help the unemployed with their COBRA insurance payments. But the House and Senate bills contain COBRA subsidy packages, and the provision hasn't been controversial. So it's considered a good bet to be part of the final package adopted by Congress this week.

Here are the details, provided by human resources consultants of the New York-based Sibson Consultants:

-- If you were or are laid off between September 2008 and December 31, 2009, the stimulus bill provisions on COBRA subsidies would apply to you.

-- The stimulus program would subsidize your COBRA payment (the House version would pay 65% of it, the Senate version would pay 50%) by giving the organization to which you pay your COBRA bill (typically your former employer) a tax credit. You would first have to pay your share of the monthly payment, then the stimulus package would kick in its subsidy payment (which is really a credit).

-- If you lost your job within the designated period and did NOT elect to continue your health insurance under COBRA, your employer must offer you the opportunity to sign up for extension of COBRA coverage as soon as the bill becomes law. For those who maintained their insurance under COBRA, the federal subsidies are not retroactive -- meaning, you won't get any reimbursements for the cost of COBRA payments you've already made. Whether you sign on once the bill becomes law, or have stayed insured under COBRA continuously since you lost your job, the subsidy begins when the bill becomes law.

-- Eligibility for the subsidy is a maximum of 12 months, and you lose eligibility for it once you become eligible for coverage under another group health plan -- other than health flexible spending accounts. (COBRA benefits must be provided for 18 months by companies who lay off workers, and the bill paid by the laid-off worker -- pre-subsidy -- is the equivalent of 100% of the cost of coverage, plus 2%.)

-- If you lose your job between the time the bill becomes law and 2010, and you haven't exhausted your 12-months of subsidy coverage yet, you'll be eligible for the subsidy.

Want to check the fine print? See the Library of Congress' posting of the House bill known as HR 1, including congressional actions -- the Senate's passage today among them --that have amended it. Care to weigh in with your representative or senator on the matter? Try here and here, respectively.

-- Melissa Healy

http://thomas.loc.gov/cgi-bin/query/z?c111:H.R.1:

[Already Gone]

Work one day.  Get sick an hour before quitting time.  Go home.  Call off sick every day until they fire you.  Your unemployment can be denied for absenteeism but not for sickness.

Not likely.  No employer will fire you if they don't have to.  You don't show -- you don't get paid.  Why would they need to fire you?  Eventually, you will get tired of paying a hotel bill to live in a state where you are drawing no income.  You will forget to call in, or just quit.  Which is what they know you will do.  If you insist on coming back to work, they will cut you to two hours per day and cut your pay to minimum wage.  Being a part-time employee, you will no longer be eligible for benefits, so they don't have that cost to consider.  They are legally entitled to do that.  You will give up before they do.

No, they can't fire you for illness, but they can require you to provide documentation of the illness from a Doctor.  If you fail to do so, they can discharge you for misconduct and absenteeism.  Either will disqualify you from UI.

Nice try Sea Lawyer.  How about just giving a day's work for a day's pay and following the law.

Here's the thing:  the easiest person to cheat is a cheater, and the easiest people to take for a ride are the greedy ones.

In my hypothetical scheme, there is the one element that gets overlooked every time.  Remember this:  anybody who offers you a way to beat the system is really just taking advantage of your greed for his own purposes.  So, if somebody offers you a job in Massachussetts for the purpose of playing the system, he's really playing you.  Be careful, if you take a job mowing lawns in Pittsfield, don't be surprised to find yourself actually mowing lawns.

[UncaBuffalo]

Not likely.  No employer will fire you if they don't have to.  You don't show -- you don't get paid.  Why would they need to fire you?  Eventually, you will get tired of paying a hotel bill to live in a state where you are drawing no income.  You will forget to call in, or just quit.  Which is what they know you will do.  If you insist on coming back to work, they will cut you to two hours per day and cut your pay to minimum wage.  Being a part-time employee, you will no longer be eligible for benefits, so they don't have that cost to consider.  They are legally entitled to do that.  You will give up before they do.

No, they can't fire you for illness, but they can require you to provide documentation of the illness from a Doctor.  If you fail to do so, they can discharge you for misconduct and absenteeism.  Either will disqualify you from UI.

Nice try Sea Lawyer.  How about just giving a day's work for a day's pay and following the law.

Here's the thing:  the easiest person to cheat is a cheater, and the easiest people to take for a ride are the greedy ones.

In my hypothetical scheme, there is the one element that gets overlooked every time.  Remember this:  anybody who offers you a way to beat the system is really just taking advantage of your greed for his own purposes.  So, if somebody offers you a job in Massachussetts for the purpose of playing the system, he's really playing you.  Be careful, if you take a job mowing lawns in Pittsfield, don't be surprised to find yourself actually mowing lawns.

EXACTLY!  We're not here to try to cheat the system...we're here to understand what benefits are available & how to claim them efficiently, but fairly...

[jowlman]

Let us also not forget this. You are a nuke worker, if you take a job mowing lawns of working in fast food, you are no longer exclusively a nuke worker. This means that you would have to be willing to take a job in those other fields or lose you benefits. Its like the people that say that they can't make you travel more than 50 miles from your home. Once you do it, you have set the precedent and can't un-ring that bell.

[Already Gone]

You are so correct!  If you "work one day" for minimum wage, then you have to accept any job at minimum wage or above if you don't want to lose your benefits.  So, even if they are dumb enough to fire you, you screwed yourself by taking the job anyway.

Of course, we could all just move to Massachussetts and forget all this crap about combined wage claims.  Then, we can just bitch about the high taxes all day long.

[Lorrie Henson]

"K" to ya BC!!!

[Old HP]

It seems that Mr. Bittercourt has done it all and seen it all.  It must have been tough mowing lawns in Pittsfield after that failed snow removal business in Miami.
As always , thanks for the insight, but lighten up on the negativity.

[SloGlo]

Let us also not forget this. You are a nuke worker, if you take a job mowing lawns of working in fast food, you are no longer exclusively a nuke worker. This means that you would have to be willing to take a job in those other fields or lose you benefits. Its like the people that say that they can't make you travel more than 50 miles from your home. Once you do it, you have set the precedent and can't un-ring that bell.

in pee ay, iffen yer car is "broke" 'n yer using public transportation, da u.c. peeps kant make you take a job that isn't serviced by buses, trains, 'n planes.  minimum wage or a hundy dollers 'n our..... no dif.