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Old 01-31-2012, 01:56 AM
 
1 posts, read 1,749 times
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Hey guys, I have a question about the common working 9 months problem where one made the mistake of filing too soon and got stuck in the wrong base year. I have yet to come across something that could help me after searching for quite some time. Hopefully this template I provided can serve as a guide for someone with a similar problem in the future.

Claim Facts:

File Date: March 2011
Base Period: October 1, 2009 - September 30, 2010
Employment History: 1 Job; 06/31/10 - 03/07/11
Weeks in Base Period: 16-17 Weeks
Benefits stopped: July 2011

Since then I have not been able to find a job.
My understanding is that mid March will be 1 year from my original claim date.
If a claim is filed from Jan 2012 - Mar 2012 the base period Oct. 2010- Sept 2011 would be used. During this time I had a little over 5 months, (more than 20 weeks) and made over $7300.(About 16500)

Since I have still not found a job would I be able to reopen or establish a new claim right now or as late as March 2012 to claim unused weeks or benefits from the same job I did in my 2011 claim under the new base year?

What are my options?

~ Is there any type of claim I could qualify for if I do not find a job by April?
~ If I find a temp job in February, low pay and does not meet the 7300 or 20 week requirement and I am laid off in February or March, then would my claim reopen from 2011? Or would a new claim be formed using my previous job?
~ I was paid substantially higher during the 9 months of my previous job than any temp job I may be able to find right now, would the temp job lower my weekly rate even though it would not be included in my total pay based on my base period??

I am just confused on what steps I should take at this point, being that it's almost been 1 year since my last claim date and I'm struggling to pay bills.

Thanks for all your help, I really want to see all my options, temp job versus staying unemployed and hopefully this can serve as a guide to others in my situation whom also worked 9 months and due to the base year could not receive full benefits.

Additional Info: I did appeal when my benefits ran out and the phone trial was just me stating I was urged to apply immediately for benefits when I was fired and did was not told nor understood the impact of the base period at the time of my claim. The Unemployment person simply repeated what i said. Explained to me the base period rule and why I was not allowed the full benefit. The decision came in the mail a week later declined.
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Old 01-31-2012, 02:06 PM
 
Location: Wisconsin
25,573 posts, read 56,502,335 times
Reputation: 23386
You need to have new earnings in order to open a new claim. Wages from your previous employer not included in your earlier claim cannot be used for a new claim unless you have worked and earned new wages.

My comments in bold:
Quote:
~ Is there any type of claim I could qualify for if I do not find a job by April?

No.

~
If I find a temp job in February, low pay and does not meet the 7300 or 20 week requirement and I am laid off in February or March, then would my claim reopen from 2011?

No. There is nothing to reopen. You have exhausted benefits under that claim.

Or would a new claim be formed using my previous job?

Yes. New claims can be opened BEFORE the bye of an earlier claim.

~
I was paid substantially higher during the 9 months of my previous job than any temp job I may be able to find right now, would the temp job lower my weekly rate even though it would not be included in my total pay based on my base period??

Very possibly. New Jersey uses two alternate base periods to qualify for eligibility, in addition to the normal 18 month base period. The only way you will qualify for a new claim is with new earnings. Therefore, the smaller temp earnings WILL be considered along with unused earnings from your previous employer provided they fall within the alternate base period. An alternate base period can include either the previous four quarters earnings or a period which includes earnings right up to the day you file. More info here:

http://lwd.state.nj.us/labor/ui/calc/needqualify.html

Last edited by Ariadne22; 01-31-2012 at 02:19 PM..
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