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I have an appeal hearing schedule for July 10th. I am hoping someone can help me as I can't seem to get anyone at the unemployment office to understand. I am unable to collect unemployment due to the fact that my 4th Q is too high. I fall into the 49.5% rule. The reason this Q is too high is because I received my yearly bonus. My argument is this was a yearly bonus and should be dispersed throughout the year or dropped from my unemployment all together. I am trying to find someone who has this same issue and actually won their appeal based on some code. I found code § 61.3. Wages and see there is a clause that speaks of delayed payment. Which I feel it was delayed, because it was for the year but I did not receive it until Oct 2014. Thanks in advance for any assistance anyone can give me. I can't even open a new claim next month because the quarter that is effecting me will still be in my determination. I already contact my Senator and the Governors office, all they do is forward the info to the unemployment office. HELP!!!!
Maybe Ariadne22 has a better memory than me, but this issue has come up before and either the people lose or don't come back to tell us how it went.
For prep work though, the quarters are based on the DATE the check is written. Carefully examine each and every paystub for the last 18 months and look at the quarter changes. You might have a check that was reported on June 30 that should have been July 1 or vice versa that would change the percentage. Also, add up your money. in my case, the employer was excluding my health insurance deductions from the gross because they were before tax deductions. That could have the effect of driving up the quarters and changing the percentage.
Just how much are you off and what's the current bucketing of your wages by quarter for the past 18 months, and hurry because the quarters will be changing, and if there is any way to pull this off, you don't want the quarters change to mess things up.
Part of the issue is I use to do payroll so I didn't keep my stubs because I had access to them at anytime and my employer will not give me a print out of payroll because I left due to some legal issues going on. I am currently at a 45/55% ratio and if I wait til july and file a new claim I will be at 47/53%.
Stop being secretive. For someone making $100K per year the percentages you have might need a $1000+ mistake. If you only make $30K then it might be more manageable. If you want to go this alone for privacy reasons, then feel free.
You need to add $10K to your other quarters. That's a lot.
I don't think my nickle-dime suggestions will get you anywhere close. You're going to have to try the "this should be allocated over the whole year" argument. If you succeed, come back and tell us if it worked.
That is what I thought. I sent the code to the unemployment rep and I am going to put a call into an unemployment attorney. I hate to pay an attorney and then lose. I am going to take the code with me as it was an agreement between me and my employer that it was yearly bonus........so keeping my fingers crossed that someone in the unemployment office has a heart.
This is probably classified as a monetary appeal. You don't need an attorney just yet. You're only appealing the award notice that you received, and they may or may not accept your agreement and recalc the award. You still have the chance to get it in front of a judge and then you can have an attorney if you want.
I'm just hoping Ariadne22 sees this thread soon because she deals with this more frequently, and may know exactly what worked for someone else so that you can do the same.
At a minimum, you might be eligible for benefits when that 4/'14 quarter ages out because then you'd only have 1/15 and 2/15 quarters that should be pretty close to each other, but that's a long wait.
Thank you. I will def let you guys know what happen. I am hoping Ariadne see this as well. I am trying to read everything I possibly can to find a way around this.
PA's 49.5% is an problem, and PA is usually reluctant to correct this. Essentially you have an unbalanced quarter - which happens a lot in other states and is sometimes corrected on appeal.
All you can do is present your case that the offending $$ should be equally distributed - assuming that corrects your issue.
Last time this occurred in PA, as I recall, the difference was huge - like $100k paid in one quarter - after she'd worked for a year without any income whatsoever. The $100k was paid when project was completed. If I recall correctly, that claimant was successful in getting PA to do a rebalance, but do not remember for certain.
Let us know what happens. Sorry I can't be of more help.
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