Am I out of luck, owe $5000?

[danny12345]

Possibly. The states, on request, will review wages used to establish a claim. You would need to go back to NY with evidence that your earnings for the quarters in question no longer qualify you for a NY claim effective November 2. If that happens, then you are entitled to MA EUC until January, which is when MA should have done another evaluation for EUC eligibility at which point MA would probably again ask you to apply for a claim in NY. However, at that point, since you legitimately began EUC on the MA claim in November, if you are eligible for a NY claim in January, you can retain your rights to EUC from MA, invoke HR4213 on the new claim deferral, and continue to receive EUC from the higher paying claim until exhausted.

Thank you again for all of your help!

So it looks like this is option 1 and then I will try and reduce the $8000 as an option two.

Do you have any experience or example of how states define earnings? Like I mentioned before, I can change my hours (if they are wrong ) but that doesn't change the actual dollars I received in 2012. What they will do is just take money out of my new paycheck(s). If I call and say they made a mistake with my hours, that I shouldn't have received the money and that I am paying it back now, is that grounds for adjusting my claim calculation?

[Ariadne22]

Originally Posted by danny12345

The states, on request, will review wages used to establish a claim. You would need to go back to NY with evidence that your earnings for the quarters in question no longer qualify you for a NY claim effective November 2.

So it looks like this is option 1 and then I will try and reduce the $8000 as an option two.

Do you have any experience or example of how states define earnings? Like I mentioned before, I can change my hours (if they are wrong ) but that doesn't change the actual dollars I received in 2012. What they will do is just take money out of my new paycheck(s). If I call and say they made a mistake with my hours, that I shouldn't have received the money and that I am paying it back now, is that grounds for adjusting my claim calculation?

Each state is different in how easily it will recalculate base-year earnings.

You don't need to repay those dollars. What is relevant is in which quarter those dollars are reported. If your company moves income from Q2 to Q3 or Q4, your 11/2/2012 claim eligibility should no longer exist - which is your goal. You will need to provide NY evidence that the income reported in Q2 and Q3 should have been reported in Q3 and Q4. A statement from your employer may be sufficient. Similar to asking NY to rebalance quarters, which is your second option if NY refuses option 1.

You need to call NY, request this claim be cancelled because of insufficient earnings. Ask what documentation they need from you in order to do this. Meanwhile, do not file any claims or accept any money from this new claim until you get a final answer from them.