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Old 01-09-2010, 06:19 AM
 
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I live in GA. I have worked in total about a little over 6 months at this particular job full time. I've worked with job agency A for about 5 months and job agency B for about 1.5 months at the same company. Job agency A no longer works with the company so a new job agency came and took over and everybody had to fill out new applications in order to keep their current temporary full time jobs. Can a person be eligible for unemployment if they worked for a job agency? And how much is the person expected to get? Let's say that the total gross income when combined of both job agencies is 8,507.
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Old 01-09-2010, 11:00 AM
 
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Eligibility is based on a number of factors. Yes employees of job agencies are eligible, so long as taxes were deducted from your paycheck.

You must also have earnings in at least 2 quarters of the past year, and those total earnings must be 1.5x the amount of your highest-earning quarter. Confusing description I know. If you were laid off today, that means you were hired approx. June 22 and have been earning approx. $327/wk. At that rate, your earnings would look something like this:

2010Q1: $ 327
2009Q4: $3924
2009Q3: $3924
2009Q2: $ 327

If this is correct (or nearly so), you would be eligible for benefits because in Q3 and Q4 of last year, were roughly similar.

The amount you can receive cannot be more than you earned on unemployment, up to a maximum amount. In Georgia the maximum amount is $320, so you should be able to receive the maximum amount.

There are other eligibility factors too. For example your earnings must have been in the state of Georgia. And you must have lost your job through no fault of your own (i.e., you didn't quit or weren't fired for cause).
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Old 01-09-2010, 02:21 PM
 
Location: New Jersey
3,814 posts, read 8,001,475 times
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Quote:
Originally Posted by kodaka View Post
Eligibility is based on a number of factors. Yes employees of job agencies are eligible, so long as taxes were deducted from your paycheck.

You must also have earnings in at least 2 quarters of the past year, and those total earnings must be 1.5x the amount of your highest-earning quarter. Confusing description I know. If you were laid off today, that means you were hired approx. June 22 and have been earning approx. $327/wk. At that rate, your earnings would look something like this:

2010Q1: $ 327
2009Q4: $3924
2009Q3: $3924
2009Q2: $ 327


If this is correct (or nearly so), you would be eligible for benefits because in Q3 and Q4 of last year, were roughly similar.

The amount you can receive cannot be more than you earned on unemployment, up to a maximum amount. In Georgia the maximum amount is $320, so you should be able to receive the maximum amount.

There are other eligibility factors too. For example your earnings must have been in the state of Georgia. And you must have lost your job through no fault of your own (i.e., you didn't quit or weren't fired for cause).
Let me start by saying that the most accurate answer you will ever get to a question about your personal eligibility for UI benefits -- particularly in situations where you have changed employers or have breaks in employment -- is by consulting your state's DOL website and then talking directly with your state's local UI office.

Those are the only people who can look at your record and tell you exactly how your benefits will be determined.


Having said that, there are some errors in the response/scenario posted above of which you should be aware.

I'll address just a few by quoting from the Q&A from Georgia's DOL website (and I have provided the link to that official source below):

Q. How do I qualify for unemployment insurance benefits?

A. There are several qualification requirements, but these three are critical:
• You must have earned enough money in the base period to set up a claim.
• You must be unemployed through no fault of your own.
• You must be able to work, be available for work, and be actively seeking work each week you claim benefits.

Q. How long must I have worked to establish a claim in Georgia?

A. Your claim is based on insured wages earned in the base period, which is the first four of the last five calendar quarters completed at the time you file your claim. [We have not yet completed the first quarter of 2010 -- as suggested in the scenario above -- so earnings in this quarter cannot be counted. The last five completed calendar quarters would be: 4Q08, 1Q09, 2Q09, 3Q09, 4Q09. The earnings considered for determination of UI benefits would be earnings in the first four of those quarters: 4Q08, 1Q09, 2Q09, 3Q09.]

You must have earned qualifying wages in at least two of the four quarters in the base period. [Check your pay stubs to calculate how much you earned in each of these four quarters (4Q08, 1Q09, 2Q09, 3Q09). You must have qualifying earnings in at least two of the quarters -- that would be earnings that are eligible for UI.]

The total wages in the base period must equal or exceed one and one-half times the wages in the highest quarter. [Add the wages for all four quarters (4Q08, 1Q09, 2Q09, 3Q09). That total must be at least 1.5 X your wages in the highest quarter of those four.]

If you do not qualify through these calculations, there are other bases on which Georgia can evaluate your earnings for eligibility. You can find that info on the state's DOL website; link is below.

In addition, it is a common misconception that one cannot collect UI if one quit or was fired. There are situations in which you may have quit or been fired and you can collect UI.

Again, according to the Georgia DOL website:

Q. Can I draw benefits if I quit my job?

A. If you quit, you may be eligible to draw benefits if you can show that you quit for good work-connected reasons. Examples of good work-connected reasons are material change in working conditions, material change in working agreement, nonpayment for work, and similar reasons. You will not be able to draw benefits if your reason for quitting was personal even though the personal reason was a good or compelling one. The only way to know for sure whether you are eligible if you quit is to file a claim. The department cannot make a predetermination of eligibility before a claim is filed.

Q. Can I draw benefits if I was fired?

A. If you were fired from your job, you will not be able to draw benefits if your former employer can show that you were fired for failure to follow rules, orders, or instructions, or for misconduct on the job. The only way to know for sure whether you are eligible if you are fired is to file a claim. The department cannot make a predetermination of eligibility before a claim is filed.

Frequently Asked Questions | Job Seekers | Georgia Department of Labor
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Old 10-01-2010, 10:06 PM
 
1 posts, read 10,399 times
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i left my job witch i mad ten dollars an hour for a job in the union for 24 56 an hour i have been working for six months on the books all together i worked two months in the union making 2456 and am getting laid off am i elligable for unemployment
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Old 10-01-2010, 10:51 PM
 
Location: Wisconsin
14,157 posts, read 18,601,021 times
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Quote:
Originally Posted by robhc3 View Post
i left my job witch i mad ten dollars an hour for a job in the union for 24 56 an hour i have been working for six months on the books all together i worked two months in the union making 2456 and am getting laid off am i elligable for unemployment
Probably. It appears over the past 6 months you might have earned total approximately $15,000 which should qualify you for something.
Call your DOL.
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Old 08-27-2014, 02:33 PM
 
1 posts, read 1,150 times
Reputation: 10
Default My unemployment claim has been appealed

I am also in GA. I was recently laid off due to the economy. I was offered a 50% cut in my salary plus commission and told I could work from home making telemarking phone calls to bring in sales and service but that I had to bring in enough business to justify my salary. I turned it down because there is no way to track whether my calls generate business or not. I filed unemployment and was granted it. Now the employer is appealing it. Any thoughts?

Last edited by mtaylo97; 08-27-2014 at 02:34 PM.. Reason: added state
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Old 08-27-2014, 03:51 PM
 
Location: Wisconsin
14,157 posts, read 18,601,021 times
Reputation: 6728
Quote:
Originally Posted by mtaylo97 View Post
I am also in GA. I was recently laid off due to the economy. I was offered a 50% cut in my salary plus commission and told I could work from home making telemarking phone calls to bring in sales and service but that I had to bring in enough business to justify my salary. I turned it down because there is no way to track whether my calls generate business or not. I filed unemployment and was granted it. Now the employer is appealing it. Any thoughts?
Effectively, the employer discharged you from your old position and offered you a new position at 50% of your previous pay, which you are entitled to refuse on the basis of unsuitability.

GA says this about suitable work:
Quote:

Suitable Work" means work in the individual's usual occupation or work for which the individual is reasonably fitted. In determining whether an individual is reasonably fitted for a particular job, the department shall consider the totality of circumstances, including, but not limited to:

1. The degree of risk involved to the claimant's health, safety and morals;
2. The claimant's physical fitness;
3. The claimant's prior training;
4. The claimant's experience;
5. The claimant's prior earnings;
6. The length of the claimant's unemployment;
7. If the work is not directly related to claimant's recent work experience, the claimant's prospects for obtaining local work in such claimant's customary occupation; and
8. The distance and time for commuting.

******

(3) Notwithstanding any other provisions in this section, no work shall be deemed suitable and benefits shall not be denied under OCGA Section 34-8-194(3) to any otherwise eligible individual for refusing to accept new work if:

(a) The position offered is vacant due directly to a strike, lockout, or other labor dispute;

(b) The wages, hours or other conditions of the work are less favorable to the individual than those prevailing for similar work in the locality;

http://www.dol.state.ga.us/pdf/rules/ui_rules.pdf
The cut in pay should be sufficient. Download and read that pdf, quote from it at the appeal, if necessary.
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Old 08-27-2014, 05:22 PM
 
4,033 posts, read 4,555,217 times
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Also, really analyze why the employer is appealing. Them offering you a different job by no means changes the fact that your were DISCHARGED. If the issue at the hearing is "did you quit or were you discharged" that means that the offer of another job is totally irrelevant, and you need to focus only on the fact that the job you had no longer existed.
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