Anyone familiar with NYS Unemployment rules? Say this ain't so...

[busy mom]

My husband recently began collection NYS unemployment benefits (layed off by the State) and because he works a part time job making $50 per week, he will lose 1 day (approx. $105) in weekly benefits. This means we are losing $200 per month because he is working part time.

So... he was layed off by the State, and is now being penalized further by the State because he has a part time job?

What message is this sending??? Is there any way to fight this?

 

[pooh2001]

Why not talk to your State Senator or State Representative for your County.
Maybe they can help you out.

www.nysenate.gov

Bwest of luck to you

 

[woodkins]

That is correct...insane but correct. That is why so many people stick it out on unemployment rather than taking a p/t or full time lower paying job because they end up making less $$ working than they do staying at home. The unemployment system in NY is sooo screwed up.

 

[D L and K's Mom]

When the school that I worked at closed approx. 3 years ago I went on unemployment in June. I sent out resumes, went on interviews etc...... I got one check (had to do the 2 week wait etc.) After the first check I went to WDW July 3-10. While in WDW I checked my emails etc. There was no interviews requested although I did have to send a fax of my teaching cert to a district. Well, I had to do the call in thing and I made the stupid mistake of telling the truth!! I think it asks are you actively looking for employment. I checked yes, I was (resumes were out, emails were being watched) The next question was something like "Are you out of state or were you out of state for any period of time" I answered yes. BIG MISTAKE!!!!!! When I got back somehow they took that as NOT looking for a job and I had to give them back the one and only check I got check and then wait another 2 weeks for a new wait period!!! I never got another check because I got and interview and got hired on the spot for Sept. I have to pay them back for the week they paid me. I called and explained that I WAS looking and that I could send them the copy of the fax sent from WDW, they don't care!!! I was so mad. A few of my co-workers were hired but didn't sign contracts until Sept because they wanted to continue to collect money. Many went on vacation. Others baby-sat and go paid under the table. I was so sad. The whole summer I didn't get a penny. There was the 4 weeks of "Wait" and then I had to refund their money (which I paid back in $5.00 installments just to be spiteful!)

 

[disney1990]

It definitely does not work this way in Maryland. You would not lose anything up to the first $100 on your other job and then your would only lose a portion of your unemployment after that.

 

[heartsy77]

Yes it is correct.. sucks here in NY doesn't it?

 

[DisneyNutMary]

Sadly. that's correct for NY. That's why I stayed with NJ unemployment when I was laid off from my job in NJ- but lived in NY.
Not only does NJ max out at a higher rate than NY, but when I got a part time job, my "underemployment" benefit was increased by about $100 a week, then whatever wages I made were deducted from the higher amount, and I was paid an unemployment check for the difference between my wages and the new "underemployment" rate. It made life easier adjusting to a new part time lifestyle.

 

[Mom2Ben02]

Wow, that stinks! My DH is on unemployment, and can make up to half of his base unemployment income, without the dependent allowances. For us, he can make up to $170 a week before they deduct anything.

 

[Luv Bunnies]

We are in Calif., not NYS, but the rules are similar. My DH just started a new job after many months on unemployment. The entire time, he continued to collect a $300/month consulting fee for directing a men's community chorus. He had to report the income each week on his unemployment form and his checks were reduced because of it.

We came to one conclusion while he was on unemployment. The checks are so unreliable that our family would have starved and been foreclosed if we didn't have other income and savings. Back in July, his claim expired and he had to reapply. At the same time, Congress was dragging its feet on voting for the extension. By the time it came through, we hadn't been paid for a month. I don't work in the summer at my school job so there was no income for awhile and we relied on our savings. The same thing happened in November when Congress had to vote again. The extension went through, but we were six weeks behind on receiving checks. Even though my DH started working 2 1/2 weeks ago, we're still being caught up for the time he was off. They owe us one more check and then we'll be done. For people who don't have alternate income, it's certainly no way to live!

 

[EKW]

You're lucky! When I got laid off last spring I found out that in CO if you take ANY job you lose all your benefits. I found out about the layoffs about 5 months in advance and thought about picking up a second job...cashier at the grocery store, etc, to stockpile some savings and was warned not to do that. If I had, even though I was being laid off by the job that was paying the bills and had insurance, CO wouldn't have approved me for unemployment!!!

I agree, unemployment is not a happy situation!

 

[seashoreCM]

My husband recently began collection NYS unemployment benefits (layed off by the State) and because he works a part time job making $50 per week, he will lose 1 day (approx. $105) in weekly benefits. ?

If he voluntarily quits or resigns from the part time job, does he get to collect the unreduced unemployment amount?

 

[hulagirl87]

That is correct...insane but correct. That is why so many people stick it out on unemployment rather than taking a p/t or full time lower paying job because they end up making less $$ working than they do staying at home. The unemployment system in NY is sooo screwed up.

DH was laid off in November and went on a few interviews. One of the places really liked him but did not have a place for him at that time but wanted him to come on and intern/help out a few days a week. DH did not want to because he was worried that he would lose his unemployment. It would have been a great opportunity, but we could not afford to lose his unemployment. Thankfully he has found a job and will be starting next week!

 

[It'sWDW4me]

If he voluntarily quits or resigns from the part time job, does he get to collect the unreduced unemployment amount?

Probably not. In fact, if he quits the part time job, he may lose ALL unemployment benefits as that can be seen as an attempt to defraud (I know, wth?).

Now, if he could persuade his PT boss to lay him off from his PT job, that would be another story.

 

[DisneyFansInLINY]

This is why alot of people are taking off the book jobs while collecting unemployment.

 

[PrincessSuzanne]

AL unemployment sucks too. I think they pay the lowest amnt possible. DH was unemployed from Oct to the end of Dec and received $117/wk, better than nothing, but not much, compared to his previous income.

Luckily, my boss was so sweet and got our company to approve for me to work 10 hours of overtime each week and that kept us from getting too far behind, but we still took a pretty good hit to our savings.

Suzanne

 

[sadiebug]

You're lucky! When I got laid off last spring I found out that in CO if you take ANY job you lose all your benefits. I found out about the layoffs about 5 months in advance and thought about picking up a second job...cashier at the grocery store, etc, to stockpile some savings and was warned not to do that. If I had, even though I was being laid off by the job that was paying the bills and had insurance, CO wouldn't have approved me for unemployment!!!


This statement is not completely true. It may have depended on the circumstances. I work for unemployment in Colorado. If you get laid off from a job than you are eligible to collect unemployment as long as the company you were working for paid unemployment taxes. I am assuming that you would have continued working for the company you were going to be laid off from and then found a 2nd part-time job. If that was the case, then you should have still been able to collect unemployment.

In Colorado you can earn up to 25% of your Weekly Benefit Amount without being penalized. Anything that you make over that 25% is then deducted dollar for dollar from your weekly pay. For example, if your weekly benefit amount is $400, you can make $100 a week at a part-time job and still collect the full $400 from unemployment. If you make $105 on the part-time job you would still get $395 from unemployment. The only time you wouldn't get any money from unemployment is if you make more than your weekly benefit amount. So if you make $400 at the part-time job, then you will receive nothing from unemployment.

Of course, this is all assuming that you are meeting all of the other requirements in terms of continuing to search for a full-time job and being able and available to start one if it were offered to you.

 

[disneymarie]

My husband recently began collection NYS unemployment benefits (layed off by the State) and because he works a part time job making $50 per week, he will lose 1 day (approx. $105) in weekly benefits. This means we are losing $200 per month because he is working part time.

So... he was layed off by the State, and is now being penalized further by the State because he has a part time job?

What message is this sending??? Is there any way to fight this?

Oh it gets worse for him potentially. We are in PA. DH lost job of 40 years the only one he had. He worked 2 pt days a week to help with the medical coverage we needed. The claim weeks ended, and he had to reopen his claim. Last time there was a change and we lost $100 a week due to quarters...but after 26 weeks he reopened it an the test they did he went back on the reg amount.

Well this time with the pt income, they used those quarters. 2 days @ 4 hrs and one day at 8 hrs. Between $68 and $112 paychecks.....So after the end of the year they reopened again USING THE PT QUARTERS....we went from almost $500 a week to only $63!!!!!!!

There is no way we can pay anything. That is not even food money. So because he found something for half the payrate he was making for 2 days of work we are penalized. I thought that it had to do with substansial gainful employment, working a 40 hr week etc.

the government now has reduced their UC claims because we will no longer be able to collect anything as the paycheck will be more then the $63 in UC.
We are sunk. The 1099 was putting us at $19,000 last year, not the $3,200. we now will get. That is three months of mortgage ane noting else!
This law changed in Dec 2010.....talk about hitting those that are down and out.


There is no state rep to help. the law is what it is. They changed it just to get people off the UC claims and get the % of claims reduced. I just cried for hours wondering what we are going to do. I thought the money would be in today to pay the Mortgage, now there is nothing in there.....

 

[disneymarie]

Wow, that stinks! My DH is on unemployment, and can make up to half of his base unemployment income, without the dependent allowances. For us, he can make up to $170 a week before they deduct anything.

That is how we started out. But when it came time down the road to reopen the claim and they used the new quarters our new rate was on the PT employment NOT his quarters from work anymore.

From $19,000 to $3,200 in the blink of an eye...I never thought those pt weeks would hurt us like this. I wish we could go back now...
It does not pay to try to work at all.....

 

[Kycha]

That is how we started out. But when it came time down the road to reopen the claim and they used the new quarters our new rate was on the PT employment NOT his quarters from work anymore.

From $19,000 to $3,200 in the blink of an eye...I never thought those pt weeks would hurt us like this. I wish we could go back now...
It does not pay to try to work at all.....

But if your DH hadn't worked the pt job your new rate wouldn't even be $3200. It would be $0. Right? Or maybe I'm just not following. Anyway, I'm sorry for what you are going through.

 

[ChisJo]

Its very similar where we live in Canada. We make 60% of our wage on unemployment, up to $1600/month, which we are still taxed on, about 30% taken off. So, we end up making about $1100/month. Lets just say, that would be a SLAP in the face if I got that. My niece makes that much working as a manager at MacDonalds, and she's 17!

If I was to go make some money on the side, I should be claiming all that with the unemployment office and they will deduct every single cent of it off my next cheque. I watched my sister suffer through this, and let me tell you, lesson learned to work under the table!! I don't know how she would have fed her kids otherwise.