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I was terminated from my job Oct 2017, prior to that I was on short term disability. I was told if I'm still unemployed, which I am, to reapply in Nov. So basically after my year mark. How does the LAG period work, I dont understand the quarter thing. So for me what months are they looking at?
No. I did some selling on ebay from the time my benefit money ran out til now. But how does that work? So when they look at the periods what months/year are they looking at for me?
Benefit Year
11/12/2017 - 11/10/2018
Last payment 5/29/18
You can't get a 2nd-year claim unless you earned money by working a real job during your benefit year. You didn't. Therefore, you get nothing, and we don't have to go into the finer points.
so you mean working from last payment 5/29/18 thru 11/09/2018? is that correct? But I can still find some type job if that is what they are saying.. Then what is the LAG Period. And I was on disability prior to being fired.
I'm not asking you to go into the finer points. I just dont understand what all this means. I guess I can call and talk to someone.
Isn't that self employment though? is wages= money earned?
The "Some Work" Requirement
The "some work" requirement is in addition to the earnings requirement described above. This requirement guarantees that the claimant has shown some attachment to a labor market during his old benefit year.
"Some work" is defined in Section 1277-2 of Title 22 as follows:
"Work" means services performed by a person for remuneration under a bona fide contract with and payable by another person, including any employing unit, and includes services performed for income or earnings in self-employment, or as an employee as defined in Section 621 of the Code, or as an independent contractor for a principal or as an employee under the usual common law or admiralty rules regardless of whether the services are in employment under the Code."
Thus, if an individual has performed any personal service as an employee or self-employed individual during the test period for which he received remuneration in any amount, the second condition for clearing the lag test is satisfied.
For example, in P-B-156, the claimant received sufficient residual wages during the test period to meet the earnings requirement of Section 1277. Although he had not worked in an employer-employee relationship during the 52 weeks following the effective date of his prior claim, he had earnings from self-employment during this period. In ruling that the claim was valid under Section 1277, the Board said:
". . . The Department’s regulation 1277-2 which was adopted to implement and interpret the "work" requirement of Section 1277 included self-employment. We believe this was a correct interpretation and . . . hold "self-employment" does satisfy the "some work" requirement of Section 1277."
so you mean working from last payment 5/29/18 thru 11/09/2018?
No. From the date you were fired, until the date your claim expires.
Quote:
Originally Posted by lovesonoma707
". . . The Department’s regulation 1277-2 which was adopted to implement and interpret the "work" requirement of Section 1277 included self-employment. We believe this was a correct interpretation and . . . hold "self-employment" does satisfy the "some work" requirement of Section 1277."
This isn't true anymore. At least that's what we think. Uber, Lyft, painting for your brother, babysitting, and other threads where this has arisen have all been denied.
However, it's possible for "self employed" that scream, "hey, I was misclassified," those people have been successful.
The best job to do what you want to do is Christmas help. Lets you earn enough most of the time, and gives a clean separation. Unfortunately, you should have worked this past Christmas season. If you get a job in Nov, by the time you get fired when the season ends, your good wages will have aged away.
Maybe try to get a job thru a temp agency if you haven't tried already--those are usually 2-4 months with a clean separation (unless it's temp-to-hire). Or, get a job at a Halloween Store. It's definitely temporary and depending on how many hours, you may earn enough just in the nick of time.
I'm new and can't post a new thread so I'm asking myou question here.
I filed for unemployment in January of this year due to wrongful termination, my claim was approved and started getting benefits in February, in mid March I took a temporary assignment which lasted 2 months, I reopened my original claim and my benefits will run out mid October. Can I reapply for benefits based on my temp position or do I have to wait? Thanks
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