Quitting a Part Time Job While Receiving Unemployment? (Howe: rent, unemployment benefits)

[girl2geez]

I was laid off from a full time job in 3/2009 and have been collecting unemployment. In November 2009, I started working a part-time job that paid significantly less than my previous full time job (just to make ends meet and have a little extra during the holidays).

However, I recently quit that part-time job to move to California to continue my fulltime job search. (I could no longer afford rent so I moved in with a relative in CA) I was disqualified entirely from unemployment benefits . Has anyone encountered a similar situation? I would like to appeal but I don't know what my chances are?

[gallezzo]

5. Total or Partial Unemployment - "Waiting Week" Top of Page



Two principles are at work here -- a claimant must be "unemployed" in order to be eligible for benefits, and cannot receive benefits for the first week of unemployment until he or she has received benefits for three weeks' worth of unemployment. "Unemployed" may be either totally unemployed or partially unemployed, according to the following definitions:



Sec. 201.091. Total and Partial Unemployment.

An individual is totally unemployed in a benefit period during which the individual does not perform services for wages in excess of the greater of:

$5; or

25 percent of the benefit amount.

An individual is partially unemployed in a benefit period of less than full-time work if the individual's wages payable for that benefit period are less than the sum of:

the benefit amount the individual would be entitled to receive if the individual was totally unemployed; and

the greater of:

$5; or

25 percent of the benefit amount.

For purposes of this subtitle, an individual is considered unemployed if the individual is:

totally unemployed as defined by Subsection (a); or

partially unemployed as defined by Subsection (b).

Notwithstanding Subsection (b), an individual is not partially unemployed for purposes of this subtitle for a benefit period in which the individual's working hours are reduced by the individual's employer as a result of misconduct connected with the work on the part of the individual. Such limitation will be effective for a maximum of four weeks from the effective date of such a reduction in hours.

For purposes of this subtitle, an individual is not considered unemployed and is not eligible to receive benefits for any benefit period during which the individual works the individual's customary full-time hours, regardless of the amount of wages the individual earns during the benefit period.

The two most important definitions above are these: totally unemployed means someone who is earning 25% or less of the weekly benefit amount to which their base period earnings qualify them, and partially unemployed means someone who is earning more than 25%, but less than 125%, of their weekly benefit amount.



A partially-unemployed claimant can file valid weekly claims and draw benefits as long as they report their work and earnings and do not earn 125% or more of their weekly benefit amount. The earnings act as an offset against the benefits. As an example, if an employee whose prior earnings entitle her to a weekly benefit amount of $240 per week experiences a drop in earnings due to a reduction in hours through no fault of her own (not as a disciplinary measure and not at the employee's own request), and the earnings fall below 125% of $240 per week, or $300, the employee can file a valid partial unemployment claim and draw the difference between the lower weekly earnings and $300 per week. A paycheck of $280 would thus result in payment of $20 in UI benefits. The reason that the law provides for partial UI benefits is to encourage employees whose hours are reduced to stay with the job and work the available hours, thus promoting employment, rather than quitting altogether and going on total unemployment; those who stay with the job and collect partial UI benefits end up with 125% of their weekly benefit amount, instead of only 100%.


Samuel R. Gallezzo
[email]thelanman@verizon.net[/email]
210-322-1232