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

[RadioFanatic]

My husband works at NYS too, and there have been A LOT of cuts in his department and he just received a significant pay cut. We just found out last week that, bc he is considered a "policymaker" (insert sarcasm here), if he is ever laid off, he does not qualify for unemployment AT ALL. Needless to say, we are sending out the resumes in full force to get him out of this job.

 

[wovenwonder]

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.

No, if he would not have had any income the past year it would have reverted to his original Base Year Date and the original amount that he started collecting when he first claim was open.

 

[wovenwonder]

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.....

Is the fix from HR 4213 still effective - where if your new benefit year claim is $100 or 25% less than your current claim, you are allowed to remain on your old EUC?

There is a lot of great information at the Unemployed Friends message board. Wishing you the best.
http://www.unemployed-friends.org/

Here is info on the policy
http://www.nelp.org/page/-/UI/2010/Final EUC Fix QA.pdf

EUC FIX under the American Jobs and Closing Loopholes Act of 2010. This fix is intended to remove the disincentive for unemployed workers to take part-time or temporary work while collecting unemployment benefits.

After a claimant collects unemployment benefits for 52 weeks, federal law requires state unemployment agencies to determine whether the claimant has earned enough wages to qualify for a new regular state benefits claim.

Before the EUC fix was enacted, claimants that managed to find work while collecting unemployment benefits were frequently forced to start a new regular state benefits claim with a much lower weekly benefit rate. The EUC Fix removes this disincentive to take part-time or temporary work while collecting benefits by permitting the claimant to continue collecting EUC benefits on the first claim if certain thresholds are met.:

You will be permitted to stay on your higher EUC claim if you would qualify for a new benefit year in which the weekly benefit amount of regular compensation is at least either (a) $100 less than your current weekly benefit amount, or (b) 25% less than your current weekly benefits amount.

The EUC Fix is NOT retroactive. Only individuals with benefit years that end on or after July 24, 2010 can take advantage of the EUC Fix.

The states are calling the 'fix' a Deferred New Claim.

 

[Disnydad]

Yep, I was laid off this past summer and got called back for one days work and lost one days benifits from NYS that week.

 

[snowy76]

That was my experience here in NY in '06. I worked as a substitute teacher the year I got laid off. If I subbed in a district that paid $100 or over, it was fine b/c I made the same amt on unemployment. I lost money when I worked in rural districts that paid more like $70.

That being said, in NY I ended up collecting UE for more like 10 months instead of 6, because of the weeks I got partial pay from UE and pay from subbing. That actually helped us because I was able to stretch the UE until I got a FT job offer in the spring of that school year. I needed that flexibility.

I don't really have a problem with the system; it's designed to encourage people to get off it as fast as possible. I wish it would simply deduct your earnings from your weekly amt, instead of deducting a full day's worth of UE even when you make under $100, but I don't know how on earth they'd track that.

 

[busy mom]

Thank you all for your replies. We have contacted our State Senator, we'll see how long until we receive a reply...the $200 we are losing because my husband has a part time job would sure come in handy to cover his lost income right now. I don't think the policy will change, but we are interested to hear what our local politicians think about this crazy rule. Squeaky wheel, right???

Having his current boss lay him off is not an option, as he works for our Town, and would not want to ask anyone to do something dishonest. Funny thing is, he really enjoys this work, and would work for nothing...

What we have learned from this experience is to NOT take our jobs for granted and save, save, save so that you are prepared for anything. We will keep our heads high with the hope that a new job in in the near future.

No Disney for us this year...but believe you me, WE WILL BE BACK!!!