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Old 03-08-2012, 12:55 AM
1 posts, read 6,090 times
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I was laid off from my job in in NYC in February 2011, where I started receiving UE Benefits after. Shortly after that I moved to California where I did a 1099 short term contract job. I did not collect benefits during my self-employment. When the job ended, I began to collect again. My 26 weeks finished and I went into Extended Benefits after. This past February 2012, my Benefit Year Ended and I registered/opened a new claim in my same account from NYC. I am still unemployed in CA. They then asked me to send them my 1099 documents. I am currently waiting to hear back.
My understanding is that they have to look at the "base period" which should still be fine because I worked at the last company for a year.

Does anyone have any experience in this? Will I be able to continue and reopen this claim? Any information would be greatly appreciated!
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Old 03-08-2012, 05:24 PM
Location: Manhattan
24,715 posts, read 34,681,615 times
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You go onto an EXTENDED period automatically BUT, any time you qualify for ANOTHER claim (normal state paid 26 weeks) that superceded the extended benefits and you "start over."

In NY, the requirement is a look-back 5 quarters, counting the first 4: you will get 1/26 of the total of your best quarter among these 4, PROVIDED you had enough work in the other 3 quarters to equal 50%+ of the best quarter.

How California works I have no idea. But it;s probably you do not have enough work for a claim there.

I think you cannot likely open a new claim for NY because the look-back 5 quarters can only capture ONE quarter of NY employment... not enough. BUT you still have many weeks of extended UI paid by the federal government.
But it IS possible that they might use the last quarter of NY's earnings (Final quarter of 2010) and couple it with the short term California money and the bit you made as a temp, if it is more than half that final NY quarter, 2010, but that's likely gonna be one for an administrative judge to decide...it is NOT a run-of-the-mill occurrence.
My GUESS is that if they want to see your 1099's from California, they ARE willing to consider them in deternining if you made that 50%+ for a new clainm in NY. But I would not worry, you will qualify one way or the other for many more months.
(I hope that was all more clear than mud.)

Are you residenced in California now, semi-permanently?

Last edited by Kefir King; 03-08-2012 at 05:34 PM..
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Old 03-13-2012, 01:35 PM
Location: Wisconsin
25,068 posts, read 53,996,932 times
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1099 income is not considered when calculating new state claim eligibility - unless NY determines that the CA employer was fraudulently paying on 1099. In which case, OP would need to apply for benefits from CA. Very unlikely scenario all around.

In OP's situation, there should be no new state claim. NY will continue to pay benefits based on the original claim.
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