FL wants me to file unemployment in NY but seems wrong (receive, apply)

[KatEliz13]

Hello,

I was recently laid off from a job in Florida that I had worked at for 16 months. So I filed for unemployment in FL, but they require 18 months of your work history. During that 18 months, I worked in NY for 3 weeks. I received a phone call today where the person from the unemployment office told me they are required to let me know my options, specifically that I will receive more money if I file in NY instead of FL. This seemed a little fishy to me that NY would pay me benefits when I only worked for 3 weeks during the determining time and I worked in FL for 16 months. Won't they just tell me FL should be paying my benefits? The person told me that I would qualify because I had $4500 in that quarter earned in NY. So it seemed to make sense until he told me that if NY denies my claim, I won't be able to get unemployment from either state. Obviously I'd love to get more money, plus I know FL is one of the worst states for length of benefits, but I'm worried NY will see I only worked there for 3 weeks and tell me I don't have enough time in their state to qualify. Anyone had any experience with these states? Or know if NY has a specific amount of time you have to work in their state to qualify? All I can find on their website isn't specific when it comes to combined wages as far as how long you have to work in the state.

Thank you!
Kat

[Ariadne22]

So it seemed to make sense until he told me that if NY denies my claim, I won't be able to get unemployment from either state.

You first filed in March, which is why FL was talking about the Oct.-Dec 2011 quarter earnings - 18 months ago. There is nothing in FL code which states you must have worked in FL for at least 18 months before filing for benefits that I have been able to find thus far:

http://www.leg.state.fl.us/Statutes/...EChapter%20443

Refile your claim online in FL now - in April. Just to be safe, file the claim next week. Some states backdate to the previous Sunday, which this week is 3/31. (Fwiw, it is often better to wait until a new quarter to file for benefits - especially when you lose your job close to the end of a quarter.)

At this point, FL will be considering earnings January-December 2012 which is all FL wages.

Frequently Asked Questions - FloridaJobs.org

NY requires earnings span TWO quarters, as does FL. That rep was just blowing smoke. You won't qualify in NY. Per NY:

How do I qualify?
To qualify for benefits:
1. You must have worked and been paid wages for
employment in at least two calendar quarters in
your base period,
AND
You must have been paid at least $1600 in wages
in one of the calendar quarters in your base period
AND
The total wages paid to you in your base period
must be one and one-half times your high quarter
wages. Exception: if your high quarter wages
equal $8910 or more, your earnings in the other
base period quarters must total at least one-half of
$8910, or $4455.

http://www.labor.ny.gov/formsdocs/ui/TC318.3e.pdf

Rep should have known this, as FL's requirement is the same - earnings must span two quarters. Rep you spoke with is either a moron - or FL is discouraging people any way they can, including telling lies. Anyway, it's a moot point, as your base year is now January-December 2012.

You should be eligible for benefits in FL. Let us know if you have any further problems.

[KatEliz13]

Thank you so much for your reply! I thought it seemed like I wouldn't qualify but he was really trying to convince me that because of combined wages I would, so I wasn't sure if the two quarters had to be in one state. Thank you for clarifying! I know there's a big push in FL right now to reduce unemployment so that sent up a red flag when this guy was trying to send me to NY

Thank you again!!

[Ariadne22]

Sounds like that rep is new, and knows just enough to be dangerous.

Yes, a combined wage claim would encompass two quarters. However, even if you had applied in NY in March with those December 2011 earnings in your base period, the NY earnings comprise less than 10% of your base year earnings. You earned 90% of your wages in FL, you live in FL, you lost a FL job which is why you are applying for benefits in FL. NY would be telling you to get an official denial from FL before it would even consider a combined wage claim - which it wouldn't. And, again, at this point those NY earnings are no longer in your base period, so there is no reason whatsoever to be applying in NY now.

As I said, refile online again in FL next week. If you run into further problems with the so-called "18-mo issue," ask whomever you talk with to cite the specific statute and the regulation which states you need an 18-mo. earnings history in FL. We've had many FL transplants from NJ and elsewhere apply for benefits in FL. Many have not been there 18 months. None has ever cited this as an issue. If you are stonewalled, email/call your local Florida state representative. Contacting legislative representatives usually resolves issues very quickly.

Please let us know what happens.