Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
My 50-year old brother lived and worked in NY. He maxed out his unemployment benefits there. He moved to NH to live with family while looking for work. He legitimately beat the pavement looking for a job but it took him a very long time to find something. He finally found a job in NH that paid significantly less than what he was making previously but he was happy just to be working. He worked there for 5 months full-time, then his hours and hourly rate were cut. He continued to work there part time at the reduced hourly rate until he found a better job over the line in MA and quit the job in NH. On his second day on the new job, they told him they had lost a big contract and wouldn't be needing him or the two other new guys he was training with.
He called NH Unemployment office and was told he's not eligible in NH. Hasn't called MA yet, but it looks like he won't be eligible in MA based on what I can figure out from their Web site.
Hard to say for sure if MA will allow a claim on the basis of two days' employment. It is a liberal state. All he can do is apply. Based on this, it would appear initially he would not qualify:
Quote:
1.How much am I eligible to draw in weekly benefits?
You may receive approximately 50% of your average weekly wage, up to a maximum of $674 per week. There’s an additional dependency allowance of $25 per dependent child if you provide whole or main support of your child(ren). You must have worked in Massachusetts and earned at least $3,500 during the last four quarters and at least 30 times the amount you would be eligible to collect weekly in UI benefits.
Your brother was denied in NH because of the quit. His best course, after contacting MA, would be to appeal the NH determination, citing the improved employment prospects of the new job as "good cause" for a quit. Monetarily, he should qualify in NH - they will take earnings through 3/2013 - and minimal earnings requirement is $2,800.
Quote:
In New Hampshire, your Weekly Benefit Amount (WBA) is based on wages you earned in covered employment during the first four of the last five completed calendar quarters preceding the week in which you initiate your claim. The twelve month period of time used to calculate your Weekly Benefit Amount is known as a “Base Period”. If you cannot establish a WBA using the first four of the last five completed calendar quarters, the Department can use the last four completed calendar quarters as an alternative.
To establish a benefit rate, you must have minimum earnings in the Base Period of at least $2,800 and you must have at least two calendar quarters with earnings of $1,400. See the chart on the back cover for the specific weekly amount you qualify for based on your annual earnings in the Base Period.
Some states will approve benefits when an employee quits for a better job and then the job doesn't materialize, but approvals, while not common, require appeals and persistence. Research NH's rules on good cause for quit, and MA's rules for collecting from a MA employer in circumstances like your brother's.
Thank you. That's actually very helpful. I know that if I left it to him he would just accept the "no" he got when he called the NH unemployment office this afternoon. I'll push him to be persistent. (Since I'll be the one supporting him if he has no income!)
On Pages 5-3 and 5-4, NH lists "to accept other work" as a valid reason to get UI. The only listed requirement is in the footnote that the job "must be 'better' and start in 'reasonable period of time.'" Since your brother actually started the new job, he's in a very good position to collect UI if he proves the job is better.
. On his second day on the new job, they told him they had lost a big contract and wouldn't be needing him or the two other new guys he was training with.
He called NH Unemployment office and was told he's not eligible in NH. Hasn't called MA yet, but it looks like he won't be eligible in MA based on what I can figure out from their Web site.
Is he basically out of luck?
I love these Contrived Stories and excuses. Someone probably didn't 'like him' or some other petty BS but they have to give a reason that looks legit.
.. It couldn't help to seek legal counsel in this care
I love these Contrived Stories and excuses. Someone probably didn't 'like him' or some other petty BS but they have to give a reason that looks legit.
.. It couldn't help to seek legal counsel in this care
Yeah, that was my immediate thought as well. The fact that they let the other two new guys go at the same time made me wonder if might actually be true though. Either way, MA is an "at will" state so they can legally let him go if they don't like him. It's pretty lousy, but not really illegal.
I would apply first in MA -- I believe you don't have to have worked for the entire qualifying period (3 quarters or whatever it is now) there, but just that your last job was there.
If that doesn't work, then try in NH.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
