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Hi everyone, this is an excellent resource for answers when dealing with the mysterious that sometimes surround unemployment.
Ok so here is my situation. I worked for a NJ company for 1 1/2 years and a NY company for 4 months. September 30, 2012 i filed for unemployment from a startup within news corp in midtown manhattan. I was let go along with 75 others back on july 31st, when the company reduced it workforce. For my two month there i actually got 2 month severance pay at same rate so unemployment, insurance, everything was paid. till sept 29th. And I began my journey with unemployment on the 30th, same day as today (also my birthday).
So I had worked for the NJ company from feb 2011 till june 1st 2012, left it for the ipad newspaper which i stated june 4th, 2012 and was laid off july 31st along with 75 others, a couple months before the daily completely shut down. I continued to get paid till september 29th as part of my severance pay.then started my claim from sept 30, 2012 till now.
So when I filed for my unemployment i filled originally as a combined NJ/NY claim in NJ where I live. NJ checked everything in both companies and approved me, with one difference, they made it a NJ only claim since I worked only in NJ between April 1st 2011 till March 31st 2012. Ok so that was fine, got max benefits and went from there. After 26 weeks, they emailed me tell me i was approved to move to tier 1 euc, and then onto tier two. So far everything was fine accept for still not finding a job yet.
Ok now i bring us to this week, I reached my BYE in september, only able to claim the weeks of the sept 7th and the sept 14th bck on the sept 15th and get paid. I went to do my claim again this last sunday and it told me I reached my BYE and the usual bs not much info to find on the website or anything. Most of what i found out about it i found through this very site. Like i said great resource.
So I called them today, figured they just had to recertify me and i would continue my euc till it ran out on the third week of december. Well i was wrong...
NJ UI agent told me that there was a mistake back in april 2013 made by them, when i transitioned from UI to EUC. She said i should of been told to file a claim first with NYC since i was eligible there as well. though they paid a bit less. She said i should of then collection the 26 weeks of NYC and then moved onto my NJ EUC. The claim became available, she said back in march 31st, though i thought you cant use that april 1, 2012 to march 31, 2013 until you claim in july, aug or sept for it.
So she said I would need to file a claim with NYC and they would refund the amount i was paid from euc and then i would continue again with a reset euc. Doesn't make a difference with it ending on dec 31 of this year, but if it is extended it does. She added all this info to what she called the hub. So NY could take it from there.
So i filed with NY and then spoke to one of their reps,. he was more helpful then the NJ agent was. Told me that i would be paid back in one lump sum all 24 weeks of my already paid benefits and also get two more weeks beyond that.
Now the problems get worst. So the 24 months of euc i got from tier 1 and tier 2 combined would have ot be paid back since i got it before i should of (again no fault of my own, NJ UI fault). but there are bigger problems.
Tier 1 i got $611 a week for 14 weeks,
Tier 2 i got 475 a week for 10 weeks, it totals around $13,300
NYC max benefit i am getting is 405 a week for 26 weeks. around 10300, so NY told me unfortunately i am responsible for the extra 3000 paid to me.
Ok so I am out of work, haven't been paid for last two weeks, bills are due and I am waiting for to see where my next check is coming from.
I talked to NJ agent again, I explained i talked to NY agent they approved me for the full 26 weeks being paid to me and about the 3000 that is left.
Now during the time frame of April 1st 2012 till june 1st 2012 i worked in NJ and made more then enough to meet the requirements for a claim, since i am now on this new claim with NY and they are using info from both NJ and NY for my NY claim, should NJ also be responsible for part of that dual claim as well. The agent just didnt know.
I asked so now that i am going to be done with both Nj and NY UI claim. I should be able to start a new for the EUC 1 again. She was like no, cause i was already paid for the euc 1 for 14 weeks and 2 for 10.
But now i have to pay back the entire euc i received and come up with an additional 3000 for the differnce. If i am paying that all back then I should be allowed to claim as i would of this week a new euc claim.
She says i understand, but its like a bank being paid off a loan, euc is not a loan, its a benefit.
I agree i need to pay it back and will have to set up a payment arrangement for it. Because each euc payment forward will be used to cover what i owe, i wont get anything for months.
So this is what i figure, I get the 10300 from NYC, and i set up a payment arrangement with NJ for the amount they gave me too early. give them like 5300 so i can survive on the other 5k till the year end. they will restart my claim from euc 1 and go from there, take monthly benefits for tier 1 till its paid and by ear end euc first claim is all paid back and second can more forward, if the fed renews for 2014.
First she was like your only you eligible for what is left in my first euc claim, the 4 weeks of tier 2 and 9 of tier 3. i said that not right, i am paying back all of the euc from that claim i received to early, though i am still eligible for it. at this time. So that first euc should be made invalid and let me pay it off, but a new euc should be then created which i would of started this week (if NJ didnt mess this up in the first place) at tier 1.
She said i have to wait to see when NY finishes paying me back and i have to speak to the NJ refund unit. I feel like i need to contact someone else . If i go by what she says and the euc is extended till dec 2014, then i am only eligible for part of tier 2 and part of 3, when i should be eligible for it all. I say let compromise. you reset my euc, take the 12 week i would get this year from it and ill pay the difference. other wise i am actually losing 10,000.
Im sorry for the long post, it has been a very trying and crazy day, not a way to spend you birthday.
You need a lawyer. There are free labor lawyers in nyc and maybe in jersey too. Yours is a "corner case" (ie. a weird situ) and the rules of dept. of labor... in two different states no less! can be byzantine. And there is sometimes (not often, but sometimes) room for interpretation and "good judgement" so being a strong advocate for yourself/having a lawyer and showing that this mistake -not yours but theirs- causes undue hardship to you may be relevant. If it's not, knowing all of the angles can help... because they may not, and people are human and not perfect/fallible so they may more or less cut corners (in your corner case!) and try to shuffle it off, and say "eh, too bad, so sad" so you need to be able to counter that with their own rules - which is why you need a lawyer, who has a better chance of knowing/understanding what those rules are (like I said, more complicated because of involving two states with their own set of rules each).
Good luck. Sorry this happened to you on your birthday. If you absolutely can't find a lawyer (but do try your best to get thru to one) then try calling a bunch of different people, because some people are more knowledgeable - or willing to take the time - than others. Document everything. You might need to/be able to ask for a hearing... idk. Try to get a lawyer and baring that, try to get as much info as you can... probe and keep calling until you get people who are more willing to take the time, maybe who are veterans of the system/dept of ui & labor who've been on the job a long time and more knowledgeable (versus someone who's only been working there for 6 months or a year).
Also, there is something called the "EUC Fix" that was passed a couple of years ago. That may apply to your situation.
HR4213 (EUC fix) applies to all parent (original) claims expiring after July 24, 2010 and will allow you to defer a second claim until first claim EUC tier benefits are exhausted - provided you have begun collecting EUC tier benefits prior to your bye. [LEFT]
Read more: [URL]//www.city-data.com/forum/unemployment/1250251-euc-fix-collecting-file-receive-apply.html#ixzz2gcbNvHv5[/URL]
TBH, I could not understand your whole ui saga... I haven't heard of collecting 2 state's benefits consecutively, maybe that's the norm? I guess 26 + 26 =52 so you would not technically begin collecting EUC before your BYE if you got two states back to back...?
[/LEFT]
So, my benefit year ended back on March 6, 2011, at which point I refiled for a new claim since I had a few months of 1099 work which needed to be reflected on the new claim. All the while, I assumed that this new claim would simply be denied and I would be put on the old claim. At the time, I was receiving $393 per week in benefits.
After filing, I got a series of forms to fill out, asking about the freelance gigs I had, about the type of work, what benefits I received if any, reimbursements, how the terms were negotiated, if there was a contract, etc., because there are questions as to whether the work entitled me to a new claim, which I thought was odd because it should have been cut and dry that I wasn't entitled to a new claim.
Now, a month after my BYE, I received a call from UI saying that my 1099 earnings ARE considered covered employment and my new benefit rate is $286, which is infuriating because I was receiving $393 per week in benefits before my benefit year expired. I can't help but think that if this were a brand new claim instead of a recertification, that they would have denied the claim based on the fact that it was 1099 work - anything to pay less or zero benefits. I feel like I'm truly getting screwed for taking a job last year.
I remember someone saying that in a scenario like this, where the new determination is $100 or 25% less than the original weekly benefit, then UI puts you back on the original claim. Is that true in NY? I brought it up to the woman I spoke to, but she seemed clueless about the entire thing and only told me that they will be sending the claim to another department to make that determination. I then spoke to someone else who said she will pass it along to her supervisor but that there was other criteria that would need to be looked at to put me back on the original claim. What criteria, she didn't know. So I'm confused as to how they can literally reduce my benefit rate like that because of work that seems like it would have not been covered for a new claim. Can anyone shed light on this or the EUC fix?
Yes, they should apply the EUC fix to your claim.
The above story is the reason why you shouldn't recertify or file a new claim until the department notifies you to do so.[LEFT]
Read more: [URL]//www.city-data.com/forum/unemployment/1250251-euc-fix-collecting-file-receive-apply.html#ixzz2gcb2Pu8L[/URL]
[/LEFT]
Hi everyone, this is an excellent resource for answers when dealing with the mysterious that sometimes surround unemployment.
Ok so here is my situation. I worked for a NJ company for 1 1/2 years and a NY company for 4 months. September 30, 2012 i filed for unemployment from a startup within news corp in midtown manhattan. I was let go along with 75 others back on july 31st, when the company reduced it workforce. For my two month there i actually got 2 month severance pay at same rate so unemployment, insurance, everything was paid. till sept 29th. And I began my journey with unemployment on the 30th, same day as today (also my birthday).
So I had worked for the NJ company from feb 2011 till june 1st 2012, left it for the ipad newspaper which i stated june 4th, 2012 and was laid off july 31st along with 75 others, a couple months before the daily completely shut down. I continued to get paid till september 29th as part of my severance pay.then started my claim from sept 30, 2012 till now.
So when I filed for my unemployment i filled originally as a combined NJ/NY claim in NJ where I live. NJ checked everything in both companies and approved me, with one difference, they made it a NJ only claim since I worked only in NJ between April 1st 2011 till March 31st 2012. Ok so that was fine, got max benefits and went from there. After 26 weeks, they emailed me tell me i was approved to move to tier 1 euc, and then onto tier two. So far everything was fine accept for still not finding a job yet.
Ok now i bring us to this week, I reached my BYE in september, only able to claim the weeks of the sept 7th and the sept 14th bck on the sept 15th and get paid. I went to do my claim again this last sunday and it told me I reached my BYE and the usual bs not much info to find on the website or anything. Most of what i found out about it i found through this very site. Like i said great resource.
So I called them today, figured they just had to recertify me and i would continue my euc till it ran out on the third week of december. Well i was wrong...
NJ UI agent told me that there was a mistake back in april 2013 made by them, when i transitioned from UI to EUC. She said i should of been told to file a claim first with NYC since i was eligible there as well. though they paid a bit less. She said i should of then collection the 26 weeks of NYC and then moved onto my NJ EUC. The claim became available, she said back in march 31st, though i thought you cant use that april 1, 2012 to march 31, 2013 until you claim in july, aug or sept for it.
So she said I would need to file a claim with NYC and they would refund the amount i was paid from euc and then i would continue again with a reset euc. Doesn't make a difference with it ending on dec 31 of this year, but if it is extended it does. She added all this info to what she called the hub. So NY could take it from there.
So i filed with NY and then spoke to one of their reps,. he was more helpful then the NJ agent was. Told me that i would be paid back in one lump sum all 24 weeks of my already paid benefits and also get two more weeks beyond that.
Now the problems get worst. So the 24 months of euc i got from tier 1 and tier 2 combined would have ot be paid back since i got it before i should of (again no fault of my own, NJ UI fault). but there are bigger problems.
Tier 1 i got $611 a week for 14 weeks,
Tier 2 i got 475 a week for 10 weeks, it totals around $13,300
NYC max benefit i am getting is 405 a week for 26 weeks. around 10300, so NY told me unfortunately i am responsible for the extra 3000 paid to me.
Ok so I am out of work, haven't been paid for last two weeks, bills are due and I am waiting for to see where my next check is coming from.
I talked to NJ agent again, I explained i talked to NY agent they approved me for the full 26 weeks being paid to me and about the 3000 that is left.
Now during the time frame of April 1st 2012 till june 1st 2012 i worked in NJ and made more then enough to meet the requirements for a claim, since i am now on this new claim with NY and they are using info from both NJ and NY for my NY claim, should NJ also be responsible for part of that dual claim as well. The agent just didnt know.
I asked so now that i am going to be done with both Nj and NY UI claim. I should be able to start a new for the EUC 1 again. She was like no, cause i was already paid for the euc 1 for 14 weeks and 2 for 10.
But now i have to pay back the entire euc i received and come up with an additional 3000 for the differnce. If i am paying that all back then I should be allowed to claim as i would of this week a new euc claim.
She says i understand, but its like a bank being paid off a loan, euc is not a loan, its a benefit.
I agree i need to pay it back and will have to set up a payment arrangement for it. Because each euc payment forward will be used to cover what i owe, i wont get anything for months.
So this is what i figure, I get the 10300 from NYC, and i set up a payment arrangement with NJ for the amount they gave me too early. give them like 5300 so i can survive on the other 5k till the year end. they will restart my claim from euc 1 and go from there, take monthly benefits for tier 1 till its paid and by ear end euc first claim is all paid back and second can more forward, if the fed renews for 2014.
First she was like your only you eligible for what is left in my first euc claim, the 4 weeks of tier 2 and 9 of tier 3. i said that not right, i am paying back all of the euc from that claim i received to early, though i am still eligible for it. at this time. So that first euc should be made invalid and let me pay it off, but a new euc should be then created which i would of started this week (if NJ didnt mess this up in the first place) at tier 1.
She said i have to wait to see when NY finishes paying me back and i have to speak to the NJ refund unit. I feel like i need to contact someone else . If i go by what she says and the euc is extended till dec 2014, then i am only eligible for part of tier 2 and part of 3, when i should be eligible for it all. I say let compromise. you reset my euc, take the 12 week i would get this year from it and ill pay the difference. other wise i am actually losing 10,000.
Im sorry for the long post, it has been a very trying and crazy day, not a way to spend you birthday.
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EUC Fix
