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Old 01-24-2013, 06:07 PM
 
9 posts, read 49,955 times
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Can someone please advise me. I have been trying to call unemployment for days, finally got to talk to someone and it was horrible. The girl I spoke with mumbled every word, I could hardly hear her, and she never answered my questions! I put my first claim in on April 2012. I was employed from 11/11-04/12. I received 13 wks unemployment. I recently found a job but will be laid off next week. I have worked 5 weeks at this job at a high paying salary. Because of this people are telling me I am eligible for a second claim. Is this true? If so when do I put in the claim? Right away or do I need towait until April? Also, how will they figure my base year? Someone told me on a second claim they will use a "lag" period. What does this mean? The same person told me by using my lag I will be able to receive more weeks then the 13-14 I would get.Thank you in advance for your help!!
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Old 01-24-2013, 06:56 PM
 
Location: Wisconsin
23,009 posts, read 48,942,464 times
Reputation: 17479
My comments in bold:
Quote:
Originally Posted by pantherpaws View Post
I put my first claim in on April 2012. I was employed from 11/11-04/12. I received 13 wks unemployment.

If you had no earnings prior to 11/11, NJ used one of its alternate base periods to qualify you - either ABP #1 - 4/1/11-3/30/12, or APB #2 - earnings to the day you filed.

//www.city-data.com/forum/newre...ply&p=27926898

I recently found a job but will be laid off next week. I have worked 5 weeks at this job at a high paying salary. Because of this people are telling me I am eligible for a second claim. Is this true?

Only if you earned at least $7,300 in those five weeks:
Quote:
To be eligible for unemployment benefits, you must have worked at least 20 base weeks in covered employment or you must have earned $7,300.

Department of Labor and Workforce Development | What is Needed to Qualify? Did You Earn Enough?
If so when do I put in the claim? Right away or do I need towait until April?

In your case, it won't matter, as NJ will consider all earnings to the date you file:

Quote:
Alternate Base Year #2 consists of the three most recently completed calendar quarters preceding the date of the claim and weeks in the filing quarter up to the date of the claim. This alternative base year will contain less than 52 weeks.

Department of Labor and Workforce Development | What is Needed to Qualify? Did You Earn Enough?
Also, how will they figure my base year? Someone told me on a second claim they will use a "lag" period. What does this mean? The same person told me by using my lag I will be able to receive more weeks then the 13-14 I would get.

In your case, because your 2011/2012 earnings were used to establish the claim last year, it is very likely there are no, or very few earnings remaining in a "lag period" to enhance the benefits for a new claim. At best, your lag period would include earnings 4/1/12 to the date you filed in April 2012 - unless there is more to your earnings history than you have originally posted.
In short, if all your earlier earnings were used for the 2012 claim and you have not earned $7,300 since then, you are not eligible for a new claim in NJ.

Go ahead and file anyway. It may be NJ will find new earnings for a claim. Let us know what happens.
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Old 01-24-2013, 08:08 PM
 
9 posts, read 49,955 times
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Thank you for your reply! I was under the assumption that in NJ to requalify for a second benefit year you need to have employment since your first claim, which I did, and you need to work for a min. of four weeks and earn 6 times your previous claims weekly benefits amount. Not 7,300, which is what is needed in my base year to qualify, which I did. Does anyone know if this is true?
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Old 01-24-2013, 09:16 PM
 
Location: Wisconsin
23,009 posts, read 48,942,464 times
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Quote:
Originally Posted by pantherpaws View Post
Thank you for your reply! I was under the assumption that in NJ to requalify for a second benefit year you need to have employment since your first claim, which I did, and you need to work for a min. of four weeks and earn 6 times your previous claims weekly benefits amount. Not 7,300, which is what is needed in my base year to qualify, which I did. Does anyone know if this is true?
You are correct. This from the NJ handbook:
Quote:
Requalifying Requirement
If you received benefits on an unemployment insurance claim, you
must have worked since the beginning of that claim to qualify for
another unemployment insurance claim after the first claim’s benefit
year ends.
You cannot go from one claim to another successive
claim without working in between. Two claims cannot be based
on the same separation from work.

You must earn six (6) times the previous claim’s weekly benefit rate
and work at least four (4) weeks in covered employment to be eligible
for benefits in a successive benefit year.

http://lwd.dol.state.nj.us/labor/for...s/ui/PR-94.pdf
It appears from the above, NJ will open another new claim for you at your bye with the lower earnings. You could apply when you are laid off. NJ may deny because your first benefit year had not ended. In which case, reapply in April at your bye.
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Old 01-24-2013, 09:44 PM
 
9 posts, read 49,955 times
Reputation: 17
Thank you! I just wanted verification on this. Now do you know if they will use my lag period when determining my base year? This would make a difference in the amount of weeks I will receive. If not how can I figure out how many weeks I will receive. Again, thank you for your help.
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Old 01-24-2013, 09:58 PM
 
Location: Wisconsin
23,009 posts, read 48,942,464 times
Reputation: 17479
Quote:
Originally Posted by pantherpaws View Post
Thank you! I just wanted verification on this. Now do you know if they will use my lag period when determining my base year? This would make a difference in the amount of weeks I will receive. If not how can I figure out how many weeks I will receive. Again, thank you for your help.
I explained the lag period above. There isn't one for you - if all your earnings from your previous employment were used in the 2012 claim.

On the other hand, if when you applied in April 2012, you had worked an entire twelve months from 4/2011-4/2012, NJ would then have used its standard base period of Jan 2011-Dec. 2011 for your claim. The unused earnings Jan-April 2012 not used for the 2012 claim would have been the "lag period" and those earnings would be available for a new claim.

As I said before, based on the earnings history you've provided, the only possible lag earnings might be those earned April 1, 2012 to the date you applied, because NJ used any earnings prior to that for your first claim.

If you want to be sure on this, get out your original determination letter from NJ. It should list exactly what earnings were used for the 2012 claim. At most, based on what you've said, you might have remaining just one or two weeks of lag earnings.

Here's a NJ benefit calculator:

http://lwd.state.nj.us/uiapp/Start.html

Not sure this will help since yours is a requalifying claim.
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