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Old 05-17-2012, 06:20 PM
Status: " WINDY" (set 8 hours ago)
 
Location: United Stars With Orion
1,603 posts, read 729,968 times
Reputation: 898
You donít have to open your claim right away. I waited a couple of months once and they asked me why I waited. At the time I was confident that I could find another job right away and after a couple months with no luck decided the better course of action was to file a claim. They will ask you why you didnít file right away but the benefit was that my claim started several months later and lasted several months longer than if I had filed immediately. Iím not sure how this would play out today in this economy but give it a shot.
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Old 05-23-2012, 01:01 PM
 
4 posts, read 55,558 times
Reputation: 15
It depends on the state. I know someone who was traveling outside the country to search for work. They lost confidence in the American job market and had applied nonstop for months. They were certifying and it blocked the certification. The person called and was told that it was blocked because they are outside the country. The unemployment rep said that they need to be available to work and able to work. The person explained that they were looking for teaching jobs which is in their job field in a different country in person and that they had filled out 30 applications on monster.com each day and had $200 available and could easily be back in the states for an interview within 3 hours by plane. Also, their phone worked in the other country and their email was on their phone. Also, they had Skype on their phone. The rep put them on hold and came back and said ok, that is fine as long as you are applying for at least 3 jobs online each week. Good luck with your search. So it is ok to search online honestly and have a plane ticket and be able to get back in the states within a short period of time at least in the state that the person received unemployment from.
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Old 05-23-2012, 01:18 PM
 
4 posts, read 55,558 times
Reputation: 15
Able to work: not sick, not crippled, not in jail, not in the hospital with a sickness, not in a funeral, church duties, transportation works

Available to work: can get to an interview or job to start or go to an appointment within a day. This is easily possible with airplanes and cars. Also, many interviews are over the phone and skype now.

Actively seeking work: Jobs can be searched for over the internet. the days of going door to door with resumes have passed. Most people search online. It can be done easily and effectively over the internet

Unemployment just looks for flags and goes after criminals and not honest people searching for jobs. People with full time jobs, people on vacations and not traveling to honestly search for work, people who are not applying to any jobs. Etc. It is important to understand how they work and what they are looking for.
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Old 05-25-2012, 02:07 PM
 
8 posts, read 44,917 times
Reputation: 11
I have a question on my situation, kinda like vacation or not (depends how ppl view). I received the email reply from EDD NY and see if anybody could shed me some light.

So how you guys think? Should I file now or after I come back? and when? Will be benefit I will receive the same benefit? I am still kinda confused on the calucation of the base period (it is important in my case.)

I was laid off 1st wk of May, 2012 in NY and do not need to come to work anymore. I had been working continuously as a full-time for the same company for the last 3 1/2 years and receive more than $1600 for each quarter. I will receive full paid check (severance) till mid-July, 2012.
As the unemployment rate is high here, I decide to search for job opportunties overseas (I have USA and other nationalities). I am planning to spend half year in other countries. If I still cannot find a job overseas, I will be back to the States btw September 2012 and Jan 2013. I do NOT need the benefits when I am overseas. But in case I have no luck on my job hunt,I would like to raise up couple questions about the unemployment benefits in NY.
1, if I can apply for unemployment benefit when I come back to the States half year later? Or shorter period: just 3 months later?
2, Is it a better approach for I to file unemployment benefit now and ask the EDD office to put a half-year hold on the benefit till I come back?
3, If I can apply for unemployment benefit after coming back, I would like to ask how to calculate my base period.


here is the reply from NY office:
In order to be entitled to benefits, you have to have a certain amount of wages in the last 18 months. You would not be eligible for benefits while you are out of the country. A claim is good for one year from the date you file it. If you are unemployed and in the country, file a claim.
The UI program provides benefits to individuals who have sufficient employment to establish a claim, have lost employment through no fault of their own, are ready, willing and able to work and are actively seeking work. In order to establish a claim for UI benefits, an individual must have sufficient wages in the base period, which is the first four of the last five completed calendar quarters prior to the date the claim was filed. Individuals must have remuneration in at least two of the four quarters (they do not have to be consecutive), with wages of at least $1,600 in one quarter and total wages in the base period of at least one and one-half times the high quarter wages. The law also provides for an alternate base period of the last four completed calendar quarters for those individuals who do not qualify under the main base period. For additional information about entitlement, you may go to: http://www.labor.ny.gov/ui/claimantinfo/beforeyouapplyfaq.shtm<http://www.labor.state.ny.us/ui/claimantinfo/beforeyouapplyfaq.shtm>.



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Old 05-25-2012, 02:38 PM
 
4 posts, read 55,558 times
Reputation: 15
Quote:
Originally Posted by Apple314 View Post
I have a question on my situation, kinda like vacation or not (depends how ppl view). I received the email reply from EDD NY and see if anybody could shed me some light.

So how you guys think? Should I file now or after I come back? and when? Will be benefit I will receive the same benefit? I am still kinda confused on the calucation of the base period (it is important in my case.)

I was laid off 1st wk of May, 2012 in NY and do not need to come to work anymore. I had been working continuously as a full-time for the same company for the last 3 1/2 years and receive more than $1600 for each quarter. I will receive full paid check (severance) till mid-July, 2012.
As the unemployment rate is high here, I decide to search for job opportunties overseas (I have USA and other nationalities). I am planning to spend half year in other countries. If I still cannot find a job overseas, I will be back to the States btw September 2012 and Jan 2013. I do NOT need the benefits when I am overseas. But in case I have no luck on my job hunt,I would like to raise up couple questions about the unemployment benefits in NY.
1, if I can apply for unemployment benefit when I come back to the States half year later? Or shorter period: just 3 months later?
2, Is it a better approach for I to file unemployment benefit now and ask the EDD office to put a half-year hold on the benefit till I come back?
3, If I can apply for unemployment benefit after coming back, I would like to ask how to calculate my base period.


here is the reply from NY office:
In order to be entitled to benefits, you have to have a certain amount of wages in the last 18 months. You would not be eligible for benefits while you are out of the country. A claim is good for one year from the date you file it. If you are unemployed and in the country, file a claim.
The UI program provides benefits to individuals who have sufficient employment to establish a claim, have lost employment through no fault of their own, are ready, willing and able to work and are actively seeking work. In order to establish a claim for UI benefits, an individual must have sufficient wages in the base period, which is the first four of the last five completed calendar quarters prior to the date the claim was filed. Individuals must have remuneration in at least two of the four quarters (they do not have to be consecutive), with wages of at least $1,600 in one quarter and total wages in the base period of at least one and one-half times the high quarter wages. The law also provides for an alternate base period of the last four completed calendar quarters for those individuals who do not qualify under the main base period. For additional information about entitlement, you may go to: http://www.labor.ny.gov/ui/claimantinfo/beforeyouapplyfaq.shtm<http://www.labor.state.ny.us/ui/claimantinfo/beforeyouapplyfaq.shtm>.


I would recommend calling them. They tend to be overworked, undertrained and many of them do not know what they are talking about. I would not trust the email answer. Out of the country but you have the same availability as you would in the country applying online and able to get to an interview within a day. You are still available to work. Noone goes door to door to get work anymore. My friend was out of the country on a speaker phone in a computer lab certifying and applying for jobs in front of me. They froze his account and he called and explained and they said it was fine. He had no idea it was an issue and was abroad searching for jobs and he called and it was not a problem. But he was from a different state.

If I were you, I would call and be ready for some level one rep to guess an answer. Tell them to put you on hold and check with a supervisor. Then call again two more times and see what the answers are. It is a real mess with
them making their own rules while putting people to answer emails and talk on the phone that know nothing. If you get nowhere with them, contact an unemployment attorney to get the answer. Lawyers can be helpful and will know just how much of a bureaucratic mess the unemployment system is.

They do not have enough money to give out, staff their offices or train employees so they do not function well or tend to give good info. Abroad, they are just looking for the real cons and scumbags who for example, live in Italy and never apply for jobs or plan on coming to the USA while they rob jewelry stores for example. There are lots of cases like that.
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Old 05-25-2012, 02:55 PM
 
8 posts, read 44,917 times
Reputation: 11
Thx Dataman12345. I called to the EDD office in NY before sending the email. I only told the lady about the my last day of work is the 1st wk of May and forgot to mention about the severance (I was still in shock abt the lay-off) The lady on the phone said it would be fine to file the claim in Sept. She also reminded me of check the base period the website and be careful not to "lose some quarters" (She is very nice and patient.) Therefore, I sent the email to EDD NY again for double-checking.

My main concern is the severance because it will crossover to the new quarter. So I am confused on the calculation on the base period. Or it does not matter as I have been working full time in the last 3 1/2 years?
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Old 05-25-2012, 04:36 PM
 
3,780 posts, read 4,243,630 times
Reputation: 768
Don't waste your time helping Apple314. This person was so in shock after getting laid off that he/she already bought the plane ticket. Any advice you give will be based on nothing but half-truths.

This person aready knows what they're going to do, so save your typing/help for someone where your advice can still make a difference.

NYC: Is it possible to go long vacation, then applying unemployment benefit?
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Old 05-25-2012, 07:06 PM
 
Location: Wisconsin
13,849 posts, read 17,832,289 times
Reputation: 6477
Quote:
Originally Posted by Apple314 View Post
I have a question on my situation, kinda like vacation or not (depends how ppl view). I received the email reply from EDD NY and see if anybody could shed me some light.

2, Is it a better approach for I to file unemployment benefit now and ask the EDD office to put a half-year hold on the benefit till I come back?
EDD is not in any way connected to the State of New York. EDD is an acronym referencing the California Employment Development Department.

NY's UE program is administered by the New York Department of Labor, or NYDOL.
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Old 05-27-2012, 11:37 AM
 
198 posts, read 269,643 times
Reputation: 72
Quote:
Originally Posted by LA Snow View Post
Unless they were able to track your movements via DHS computers, there's no way of knowing where you are when you web cert or use Skype to tele-cert your UI.
i might be wrong, but won't the government find out you were out of the country by you using your passport?
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Old 05-27-2012, 05:51 PM
 
4 posts, read 55,558 times
Reputation: 15
Quote:
Originally Posted by maglev101 View Post
i might be wrong, but won't the government find out you were out of the country by you using your passport?
They will not know. Unless they do an investigation which has very slim chances of being done since these agencies are swamped with work. Especially if the person had a SKype phone with no delay and used a program to have a US IP address. They do investigations once they see a bad IP address. The sad thing is they will not know but if he opens his mouth, they will come down hard on him like a hammer on a nail with no remorse. He will be like the fish in the huge pool of fish that is the unlucky one that swims over to be honest and ends up in the bear's claws and gets eaten. They will not care if he was honestly confused and not sure of the answer. They would try to use him as a scapegoat and make an example of him.

I would not recommend anything dishonest because I know how ruthless unemployment is since I have legal experience. They come up with all sorts of tricks to get their money back because they did not want to give benefits in the first place. They play games to deny benefits or take them away from people. I would honestly only do what they say is ok to do.. If someone is caught, these agencies are terrible. They will drill him. The sad thing is that they drill regular people while convicted criminals and felons purposely scam millions from the system everyday and get away. The real criminals are the ones who do not ask or anything and have full time jobs in foreign countries or the USA and collect or they are scamming the system by collecting unemployment under different names, countries, social security numbers and aliases. There are huge fraud problems and the unemployment offices normally come down on innocent people who were confused since they can't get the real criminals. They work in a chaotic, dysfunctional and ineffective fashion. Innocent people get drilled while convicted criminals and felons wipe the system out.
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