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I live in North Carolina and I recently contacted the Department of Labor about an unpaid overtime claim. They called me this afternoon to tell me that my former employer is sending me a check. Does anyone know how something like this will affect my unemployment? I'm currently right at the end of the EUC Tier 2 extension. My hope is that the worst thing that happens is that my unemployment merely skips until the unemployment payments would equal the amount of my award. I'm now in my 15th month of unemployment and was hoping that money could be saved to pay rent should I not find full-time employment before my unemployment expires completely.
Report those earnings in the week you receive them. If this was severance, it might be treated differently. Inasmuch as it is considered wages, in most states those wages would only affect the benefit the week you receive and/or earn them. You should lose benefits only for that week and be able to resume claiming the following week.
Call NC for a definite answer on this. They may have a different view.
I think you have to do math to determine if it will help or hurt you. If it helps, then report, if it works against you, then call instead to get it allocated to the period it belongs. There is case law while not in NC, but in other states, that the backpay award needs to be allocated to the time period that it represents. Therefore, with unpaid OT, it strongly suggests that it was an award of pay that was PRIOR to the effective date of your claim.
However, doing as Ariadne22 suggests and just being silent could work in your favor if the amount is significant enough, and how it posts within the quarters since your claim date because it could create enough earnings plus the unused earnings from your lag quarters to qualify you for a new claim in the future.
So, taking into account that EUC is most likely gone at the end of the year and states are dropping offer tiers left and right and the new trigger criteria at the end of May, you have to decide if skipping weeks now is worth hoping that you can game the system in the future to get a new 26 week claim.
If it won't get you a new claim, then you really want it allocated to the prior period so you can just keep on collecting.
Thanks for that update. Others, not in NC, have reported that bonuses/overtime/royalties are considered new earnings if paid after the date of the claim, no matter when earned. Each state is different.
Report those earnings in the week you receive them. If this was severance, it might be treated differently. Inasmuch as it is considered wages, in most states those wages would only affect the benefit the week you receive and/or earn them. You should lose benefits only for that week and be able to resume claiming the following week.
Call NC for a definite answer on this. They may have a different view.
I had a similar recovery during the last year and the EDD in CA found that I did not have to report the amount. While it was wages, as it was money legally owed to me on my last day of work, it should have effected my first benefit week and it was not my fault that I was not able to report them, as it was a breach of the law by my employer. The EDD rep I spoke with said that putting the amount onto any one week, as it should have been spread out over multiple weeks was not something they did. She also told me that how they handle the money often depends on how it is received, and if it is a legal settlement (which mine was) or a decision by the employer that there was an error.
I did, however, make sure to note the date, time, and name of the person I spoke with as just in case there is ever an issue, I am covered because I can say that I spoke with EDD and followed their instructions, clearing me of any potential issues regarding fraud.
I had a similar recovery during the last year and the EDD in CA found that I did not have to report the amount. While it was wages, as it was money legally owed to me on my last day of work, it should have effected my first benefit week and it was not my fault that I was not able to report them, as it was a breach of the law by my employer. The EDD rep I spoke with said that putting the amount onto any one week, as it should have been spread out over multiple weeks was not something they did. She also told me that how they handle the money often depends on how it is received, and if it is a legal settlement (which mine was) or a decision by the employer that there was an error.
I did, however, make sure to note the date, time, and name of the person I spoke with as just in case there is ever an issue, I am covered because I can say that I spoke with EDD and followed their instructions, clearing me of any potential issues regarding fraud.
When I first filed my claim in CA last year, it was confusing because I was due to get a "retention bonus" about a month later, which I reported on my application, but of course had to have a phone interview so they could figure it out. They determined that even though I would receive it a month later, I earned it prior to filing, so I didn't have to claim it again when I finally received it. However, I did have to wait an extra week for a check due to "excessive earnings" for the first week past the waiting period week, so I think they applied it there.
I need some advice, I work at a hotel right now as Front desk receptionist, been here for 8 months now. I started off making 40 -55 hours a week. Which was great until they denied to pay me overtime. Now they have cut down my hours to 24 a week at 7.50/ hour (mind I get paid bi-weekly) and I have not received any of my overtime. Ever. What can I do? The working circumstances ae very unproffesional. And I cannot survive getting a check of 360 bi weekly. What can I do?
Here's an interesting question, since they've already said that time counts towards when you were working, if you aren't already maxed for unemployment amount, can that be recalculated to reflect the extra earnings, therefore increasing your benefits?
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