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Unemployment (NY) Confusion

My company is folding and everyone will be laid off as of December 30 and has to sign an separation agreement stating our employment was terminated as of December 30. My boss needs help wrapping things up in the new year, and has asked me to come back as a part-time hourly employee (no benefits) (I was previously full time, salaried w/benefits) for 24 hours a week (this would still be much more than my unemployment benefits would be). 


I am wondering how this will impact my eligibility for unemployment at the end of the part time job (assuming I don't find new work before then). Is it best to file in January and then just declare income each week and not collect any benefits, but have a claim submitted already for when the part time work runs out, or do I just wait until the temporary employment is over and file at that time? My concern is that not filing right away in January will impact my eligibility for unemployment since I signed an agreement that says my employment ended, but then essentially "temped" after that.

Can anyone shed any light on this for me? I've been unable to get anyone at unemployment on the phone.

Thanks!

Re: Unemployment (NY) Confusion

  • I found this on their site:

     

    Q: What if I work part-time?

    A: If you work less than four days in a week and earn $405 or less, you may receive partial benefits. Each day or part of a day of work causes your weekly benefit rate to drop by one-quarter. For example, if your weekly benefit rate is $100 and you work three days and earn less than $405, you may receive $25 in benefits. If you work two days, you may receive $50 in benefits. If you work one day, you may receive $75 in benefits. If you receive partial benefits, it extends the length of time you may collect benefits. If you earn over $405 in any week, no matter how many days you worked, you cannot receive benefits for that week.

     

    Check out the FAQ section - there's a lot of information there in various sections and you may find answers to your other questions.

     

    http://www.labor.state.ny.us/ui/faq.shtm

     

    Good luck!!

  • I know at least in Ohio you can get partial unemployment.  My DH gets it whenever he gets less than 30 hours a week.  You may want to look into that.
  • imagePhoto5kCupcakes:

    I found this on their site:

     

    Q: What if I work part-time?

    A: If you work less than four days in a week and earn $405 or less, you may receive partial benefits. Each day or part of a day of work causes your weekly benefit rate to drop by one-quarter. For example, if your weekly benefit rate is $100 and you work three days and earn less than $405, you may receive $25 in benefits. If you work two days, you may receive $50 in benefits. If you work one day, you may receive $75 in benefits. If you receive partial benefits, it extends the length of time you may collect benefits. If you earn over $405 in any week, no matter how many days you worked, you cannot receive benefits for that week.

     

    Check out the FAQ section - there's a lot of information there in various sections and you may find answers to your other questions.

     

    http://www.labor.state.ny.us/ui/faq.shtm

     

    Good luck!!

     

    I'll be making more than the $405 a week maximum even working 3 days a week so I couldn't collect during these weeks. That's why I'm confused about when to file the claim, when I lose the full-time job or not until after the part time job is over. I wish it was possible to speak to someone on the phone, but unless you file a claim and have a claim number, you can't get through the automated system! 

  • It also states that you can extend the length of your benefits if you work a part time job. From what I read you need to apply when you lose your current job. Also what if you boss doesn't need you as often or even at all?

     

    Q: What if I work part-time?

    A: If you work less than four days in a week and earn $405 (gross wages) or less, you may receive partial benefits. You are considered employed on any day when you perform any services - even an hour or less - whether or not you are paid for that day. Each day or part of a day of work causes your benefit rate to drop by one-quarter. If you cannot work, we determine your benefits on the same basis.

     

    When you receive partial benefits, it extends the length of time you may collect benefits. If you earn over $405 (gross wages) in any week, no matter how many days you worked, you cannot receive benefits for that week.

     

    Each day or part of a day of work causes your weekly benefit rate to drop by one-quarter:

     

    1 day of work = 3/4 of your full rate

     

    2 days of work = 1/2 of your full rate

     

    3 days of work = 1/4 of your full rate

     

    4 days of work = No benefits due

     

    If you work while receiving benefits and do not report it (even if it is part-time work) you may be committing fraud. You must report all full-time and part-time work to the Labor Department. If you do not report the work, you risk criminal penalties.

     


    |top|

     

    Q: What does the Department of Labor consider work?

    A: We consider you employed on any day when you perform any services, whether this work is:

    • An hour or less in self-employment
    • On a free-lance basis or
    • For someone else

    It makes no difference whether this work is covered employment or whether you are paid for that day. For example, work on a straight commission basis is still work. It does not matter that you may not receive the commission until sometime later. It also does not matter if you have not made any sales or received any compensation.

     

    You must report all of the work you do, whether it is for:

     

    • Yourself
    • A friend
    • A relative or
    • An employer

    You must report any activity that brings in or may bring in income at any time.

     

    If you are:

     

    • Doing free-lance work
    • Self-employed
    • Starting a business or
    • Doing "favors" for another business
  • "Doing favors" might mean volunteering.  In Colorado, you can't volunteer when collecting unemployment.
    Sarah's book recommendations, liked quotes, book clubs, book trivia, book lists (read shelf)
    image
  • I would call the office and ask them about your situation.  Or ask your employer to say that you have seperated employemetn when your part time ends if you make over their unemployment part time rate (which it sounds like you are!).  When I filed for unemployment (not in NY) they are always very helpful just be prepared to wait on the phone b/c they are usually quite busy.
  • You should definitely file as early as possible and then claim the work you're doing and go without the benefits while you're doing it. I have no idea if it would otherwise affect your eligibility, but if you're suddenly getting less p/t hours or out of work entirely, you'll appreciate being able to get benefits immediately.
    image
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