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Old 09-05-2010, 08:50 PM
 
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Hi all, I'm new here and have a question for you guys. I live in NY. I worked in NY for 7 years and then worked in NJ for 5 years. I was then laid off from the NJ job and claimed unemployment in NJ (since it pays more than NY). Now i have exhausted my unemployment benefits in NJ. Can I now file a new unemployment claim in NY? I figured i may be able to because I worked in NY for 7 years, paid my taxes, but have never filed an unemployment claim in NY. Anyone with experience or knowledge on this? Thanks.
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Old 09-05-2010, 09:10 PM
 
Location: Wisconsin
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Did NY tell you it was your choice as to where to claim?

New York would not have paid you in the first place because your employer was in New Jersey and paying into the New Jersey UI system. Therefore, yours was a New Jersey claim.

No, you cannot now file another claim in NY. They will review your earnings, learn you were employed in New Jersey, and deny your claim.
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Old 09-05-2010, 09:41 PM
 
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Initially I had a choice where to claim (NY or NJ) because i live in NY and have worked in both NY and NJ. Yes they will learn that I was employed in New Jersey but they will also learn that I was employed in New York prior to that. Anyone with experience on this?
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Old 09-05-2010, 10:00 PM
 
Location: New Jersey
3,814 posts, read 11,980,524 times
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Quote:
Originally Posted by billyz View Post
I worked in NY for 7 years and then worked in NJ for 5 years. I was then laid off from the NJ job and claimed unemployment in NJ (since it pays more than NY). Now i have exhausted my unemployment benefits in NJ. Can I now file a new unemployment claim in NY?
According to the NY UI website, you must have worked in New York State within the last eighteen months to have the right to file a claim for benefits.
New York State Department of Labor - Before You Apply For Unemployment

Of course, you can always file a claim -- but don't be surprised if New York denies you benefits on the basis of the 5-year gap since you worked in the state.
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Old 09-05-2010, 10:05 PM
 
Location: Wisconsin
25,574 posts, read 56,526,323 times
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diorgirl or opyelie would have the final word on this, but from everything I've read on this board you CANNOT collect benefits from one state if you have worked in another. It doesn't matter that you live in NY and worked in NY for seven years up until five years ago.

Your claim is based on your employment in New Jersey. If you have collected all 99 weeks of unemployment benefits, you need to work again for a while in order to qualify for a new claim in order to apply for a new set of benefits. The system does not go back seven years to previous employers. At this point in time your New York employment is no longer relevant.

Who has told you this? If you look at any of the UI websites, your benefits are calculated the first year on your earnings over the previous 6 quarters. During your second claim year, your benefits are analyzed based on your earnings during the past 12 months and if those don't qualify you for a new claim year, your old claim is continued until exhausted.

Emergency unemployment legislation provides for an additional 73 weeks beyond the state benefits of 26 weeks. If you have used all that, you are finished until you work again for a while.
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Old 09-05-2010, 10:09 PM
 
107 posts, read 288,959 times
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Quote:
Originally Posted by diorgirl View Post
According to the NY UI website, you must have worked in New York State within the last eighteen months to have the right to file a claim for benefits.
New York State Department of Labor - Before You Apply For Unemployment

Of course, you can always file a claim -- but don't be surprised if New York denies you benefits on the basis of the 5-year gap since you worked in the state.
this
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Old 09-05-2010, 10:13 PM
 
Location: Wisconsin
25,574 posts, read 56,526,323 times
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Tristate and dior -
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Old 09-05-2010, 10:42 PM
 
Location: Spokane via Sydney,Australia
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I think you did a fine job of explaining why not Ariadne - I would have answered but I was kinda stunned by the whole idea that someone thought they could claim again.
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Old 09-05-2010, 11:00 PM
 
Location: Wisconsin
25,574 posts, read 56,526,323 times
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Quote:
Originally Posted by Opyelie View Post
I think you did a fine job of explaining why not Ariadne - I would have answered but I was kinda stunned by the whole idea that someone thought they could claim again.
I'm still laffin'.
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Old 09-05-2010, 11:13 PM
 
5 posts, read 20,576 times
Reputation: 11
Quote:
Originally Posted by diorgirl View Post
According to the NY UI website, you must have worked in New York State within the last eighteen months to have the right to file a claim for benefits.
New York State Department of Labor - Before You Apply For Unemployment

Of course, you can always file a claim -- but don't be surprised if New York denies you benefits on the basis of the 5-year gap since you worked in the state.
Thanks for the answer from an official source. I didn't know i had to be employed in the state within the last 18 months to qualify.
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