Unemployment NY - When to File (collect, apply, claim, work)

[AntigoneNYC]

My company is folding and everyone will be laid off as of December 30 and has to sign an separation agreement stating our employment was terminated as of December 30. My boss needs help wrapping things up in the new year, and has asked me to come back as a part-time hourly employee (no benefits) (I was previously full time, salaried w/benefits) for 24 hours a week (this would still be much more than my unemployment benefits would be).

I am wondering how this will impact my eligibility for unemployment at the end of the part time job (assuming I don't find new work before then). Is it best to file in January and then just declare income each week and not collect any benefits, but have a claim submitted already for when the part time work runs out, or do I just wait until the temporary employment is over and file at that time? My concern is that not filing right away will impact my eligibility for unemployment at all or will reduce the amount I would get.



Can anyone shed any light on this for me? I've been unable to get anyone at unemployment on the phone.

Thanks!

[Ariadne22]

Up to this point, working part-time after a claim has begun has often complicated claims and resulted in a reduced benefit at benefit year end. But, Congress will be changing the program substantially this year, so that rule may no longer hold.

You are allowed to delay filing. If you delay filing for two or three months, your current benefit will not be impacted. Assume you file in March, your earnings from October 2010-September 2011 will be considered in your base year for benefit calculation. If you file in April, your earnings from Jan-Dec 2011 will be considered.

However, if the EUC Tiers are reduced or the program is changed substantially, which appears likely, then filing in January and continuing to work could work to your advantage in establishing a new claim a year from now when you run out of state and possibly tier benefits. In that scenario, if you file January - March now, earnings from October 2011-September 2012 would be considered at your bye - i.e., your unused earnings from your present employer (Oct-Dec. 2011), plus the part-time earnings after your claim began. That quarter of full-time work, plus your part-time earnings will probably create new claim eligibility. You must have worked during your benefit year to have eligibility for a new claim.

I'm leaning to filing earlier, only because it appears future unemployment legislation will not be as generous as in the past and you might be very happy to have a new claim a year from now.

[Chyvan]

I see a potential problem to Araidne22's analysis. The earnings from part-time are coming from the same employer. I have a feeling that they will not aid in establishing a new claim. In AZ, this would not be treated as two distinct separations, but rather 1 qualifing event, and the part-time earnings would only be a factor if there was another intervening employer prior to the end of your benefit year.

You say this part-time work is a lot more than unemployment. How much more are we talking about? What is the duration of this clean up work?

If they can afford to pay you for 24 hrs/week, I think they can just as easily keep you at 40 hrs/week with benefits and cut the duration in half, or keep your benefits intact at only 24 hrs/week. I do not agree in helping out this company by putting your labor on sale.

[AntigoneNYC]

Unfortunately the company lost its funding and is shutting down, so they can not afford any more than what they are paying. My boss has said the temp work would be 2 months at most. The pay is around $800 more a month than unemployment would pay and I would like to not burn a bridge since my best chance of getting a new job comes from my current boss. Plus unemployment is clear that you MUST take any work offered to you and I would much rather be working than not.

I am concerned though, as Chyvan said, that as the money is coming from the same employer, it will somehow hurt or negate my claim whether I apply January 1 or at the end of the temp work (likely mid February).

[Ariadne22]

Originally Posted by AntigoneNYC

I am concerned though, as Chyvan said, that as the money is coming from the same employer, it will somehow hurt or negate my claim whether I apply January 1 or at the end of the temp work (likely mid February).

Working for the same employer will have no effect on the benefits for any claim you file in the near future. Your base year does not change, as I cited in my first post.

If you file in January or February or March, your base year will be October 2010-September 2011.

If you wait until April, your base year will be January 2011-December 2011.

If you have worked full time during those periods, the benefit is not affected.

My post was directed at looking towards the future of any possible new claim, since there is a very good chance the unemployment legislation will change considerably. In which case, the actual date of your bye, and the earnings considered within that period, are important.

[Chyvan]

Originally Posted by AntigoneNYC

Plus unemployment is clear that you MUST take any work offered to you....

This isn't stated correctly. You must take SUITABLE work. You having been full-time with benefits and some degree of permanency automatically makes a 24 hr/week temp job substantially less favorable than prevailing in the locality and it's not in line with what you were getting in recent previous employment.