Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
We don't know. Everyone that comes here made the 2nd attempt and wants to know how to fix it. So far, everyone that's pulled this stunt that we read about is given an 80 day disqualification. They only ever succeed if they APPEAL, and it's only after the appeal that they are hit with a suspension of benefits for the time that they were out of the country.
I've read all of the threads related to this topic. Thanks to all who have contributed their stories and good advice.
I too have just been flagged for attempting to claim benefits outside of the country. In truth, I had no idea I couldn't leave and only did so to interview for two jobs. I have documentation to prove this. I didn't receive a warning but wasn't able to complete my claim at first. I assumed it was a bad wifi signal so I tried again in a few days and it went through. Only after I got home did I notice that there was a problem and called.
I was told I'd be getting a call from someone in the next few days. I'm happy to submit my documents as needed. In your experience, do you think I'll be penalized beyond the week and a half I was away?
As it stands now, you will be penalized after your phone interview.
You MUST appeal.
I've had issues with the way NY does these out of country issues. They rely on some agreement that involves interstate and Canada claims, and say that since no other country signed the agreement then you're SOL. Until this issue is forced into the courts, it's going to stay that way. My position is that if you have dual citizenship or the equivalent of a green card and actually look for work in another country, then so be it.
I think you've got what it takes to make a good case, but just know that it's a tough road. The judges always ask if you read that booklet, and quote about leaving the country and that you're supposed to call. I wish you'd force this issue to the highest level possible to get things changed. You're one of the few people that seem to have done exactly what someone is supposed to do when they look for work in another country, and you're being punished for an "arbitrary and capricious" interpretation where you can be to claim benefits.
I will definitely appeal once I receive a determination. I'm curious though, is it standard practice to penalize only for the weeks a claimant was out of the us, or are benefits generally discontinued altogether as several other posters have experienced?
I don't have dual citizenship, but my work is with museums. I work out of the US but have to travel to pitch new jobs. I'm at a real disadvantage if I don't. This whole process seems exhausting and will likely hinder my job search in the long run!
I'm curious though, is it standard practice to penalize only for the weeks a claimant was out of the us, or are benefits generally discontinued altogether as several other posters have experienced?
It's the 80 day penalty that seems to be the norm. For NY, it's 4 days per week, so that's 20 weeks of benefits that are wiped out, and if you were already 26 weeks into your claim when it happened, it would be waiting for you the next time you needed UI. It's a very stiff penalty.
By appealing, people have gotten it reduced to just the time out of the country, but even that I think is wrong for certain people like I outlined above.
Quote:
Originally Posted by orca66
I don't have dual citizenship, but my work is with museums. I work out of the US but have to travel to pitch new jobs. I'm at a real disadvantage if I don't. This whole process seems and will likely hinder my job search in the long run!
You might have a tougher bar because I've always had issues with people going to London and then trying to say they went there looking for work when they had no legal right to work there in the first place, but it could be that it's customary in your industry to hire foreign workers because the talent pool is so small that you have to take what you can get and do the work visa paperwork after you find the right candidate.
Save your money because this will drag on. Since you've been cut off, don't be afraid to take advantage of the other social services to preserve your savings like food stamps, Obamacare, Lifeline, LIHEAP, and any low income utility discounts that may be available to you.
The only other element of my case that may work in my favor is that I have not received any benefits to date. I recently enrolled and was still in the waiting period before my first payment when I left the country. The instructions I was given say to file every week, even though I'm not getting paid, otherwise my claim could become inactive. Ironically, I was worried about what would happen if I DIDN'T make sure I filed while I was out of town. And honestly, I wasn't sure what was taking so long, so when an opportunity for an interview came about, I jumped on it.
You're correct that my industry generally hires around the world. I would ultimately be doing the work in the US but traveling back and forth for presentations and installations. No work visa necessary!
Financially, I will survive, but it's beyond aggravating that in the 5 weeks I've been unemployed, I've applied for over 30 jobs both permanent and contract, conducted three interviews and continue to diligently search, and the one source of income that I'm entitled to after paying into the program for 8 years is planning to disqualify me for not looking for work according to their very limited and antiquated understanding of most contemporary professions.
It's obvious you're a first-time UI recipient. Had you come here before you even applied, I'd have told you what to do to make it as painless as possible.
Unfortunately, NYS does pay benefits if you are interviewing for a job while overseas. The gotcha is they want you to tell them Before you leave that you are going and provide your itinerary. After the fact disclosure is always met with skepticism and distrust that is just a hassle upon a hassle to get through.
Unfortunately, NYS does pay benefits if you are interviewing for a job while overseas.
Do we really know this to be true? While I think it should be this way, everything I've read out of NY is that if the country visited is not a party to the Interstate Benefits Payment Plan (excluding every country but Canada) that the claimant can't meet the reporting requirements and is ineligible.
NYS will pay benefits for any day you are out of the country on a legitimate job interview. The regulations actually say you can not claim benefits if out of the country and you are not entitled to benefits if out of the country for vacation or other personal reasons. I don't know what the process is but I do know you must contact the state prior to leaving so they can give you the exact steps to follow, and you really have to follow the steps exactly as they require. Trying to get benefits after the fact is near impossible.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
in a similar situation and have some questions
