Please Help! RE: filing for unemployment (collect, file, receive, apply)

[Barli]

I just found out that I am being laid off as of 9/1. I have been with the company for 3 year 4 months.

Here is where it gets sticky. I was working strictly from home and the company was located in Texas up until a few weeks ago when it was bought out by a company in Florida. During my Employment I have lived in Georgia, Maryland and North Carolina. So, what state will I file for benefits in?

Also, the company was always adamant that we never work more then 29 hours a week. Is there an hourly minimum that you must work to qualify?

Thanks so much for your help. My head is spinning trying to figure this all out.

[Chyvan]

Unemployement is earnings driven. Luckily you were told with enough time to shop your benefit. Technically, the state you were physically doing the work is where you file, but things happen. I can tell you this avoid filing in TX, FL, and NC. Actually, I don't think that Georgia is all that great either. Maryland is where I would start my investigation. TX has a decent max benefit of $426, but they are out to disqualify everyone for any reason they dream up. NC doesn't pay EUC, and Georgia has a sliding scale number of weeks, so you might get more per week, but then only collect no more than 20 weeks.

You gave really bad information for anyone to want to do any legwork for you. The time period from Apr 2012 to Mar 2013 is the most important, and if the state that might accept your claim allows, then you have to consider July 2012 to Jun 2013. Chose carefully because a mistake now, can make you want to pound your head against a wall saying, "if I'd only known. I'd have done things differently."

[Barli]

Originally Posted by Chyvan

You gave really bad information for anyone to want to do any legwork for you. The time period from Apr 2012 to Mar 2013 is the most important, and if the state that might accept your claim allows, then you have to consider July 2012 to Jun 2013. Chose carefully because a mistake now, can make you want to pound your head against a wall saying, "if I'd only known. I'd have done things differently."

What really bad information did I give? What better information should have I given?

[Ariadne22]

None of your choices on where to file is good, for varying reasons.

What Chyvan is referring to is where are the majority of your earnings in your base-year?

If you apply in September, your base-year will be April 2012-March 2013.

If you wait until October apply, which you can, your base-year will be July 2012-June 2013.

If your employer hasn't paid UI tax to the state in which you were working, that state will deny you. Chances are the only state in which you can apply and have any chance of approval is TX. If your company is laying off many people, it may have notified TX of this, which may make your approval easier.

Contact the HR people for your company and ask where they've paid UI taxes and where you should apply for benefits. Then double check that information with the state you prefer to file in, just to be sure your company is not lying to you. If your company employs people all over the country, chances are they may have a reciprocal agreement in place which allows them to pay UI taxes in only one state which covers everyone. This from MD on that issue:

What if my business has employees working in several states?
Services performed within this state, or both within and without this state are to be reported to Maryland if:

1. The service is localized in Maryland; or,
2. When there is employment in more than one state and some service is performed in the state where the base of operations is located, then the earnings are to be reported to that state where the individual's base of operations is located. If no services are performed in the state with the base of operations and some services are performed in the state where direction or control is received, then the earnings are to be reported to the state where the individual's direction or control is received. If there are no services performed in the state where the base of operations is located or where direction or control is received, then the individual's state of residence is to be used.

The objective is for all services performed by an individual for a single employer to be covered under one state law, wherever the services are performed. Employers may elect to cover an employee through a Reciprocal Coverage Agreement between states.

Employer Frequently Asked Questions - Unemployment Insurance Contributions

NC just reduced its max benefit from $530 to $350, and reduced max number of weeks to 20 tied to the UE rate - and no longer participates in the federal EUC program. NC is a really bad state for UE benefits, but you may be stuck with that.

https://www.city-data.com/forum/unemp...-euc-july.html

And, since NC has now reduced its benefit so substantially, your employer may not want you to file in TX, but in NC because its tax there would be lower.

If NC can't find earnings in its database for you, then your next stop would be TX.

[Barli]

Thank you Ariadne22. This is exactly what I was looking for. The majority of my earnings were in Maryland, under both base-years, but I guess none of that makes a difference if they have that agreement in place.

NC has a tool that you can use to see if you would get any benefits, and mine were $0. I wish MD and TX did the same thing. Sure would make it easier to figure out where to file!

[Ariadne22]

Originally Posted by Barli

Thank you Ariadne22. This is exactly what I was looking for. The majority of my earnings were in Maryland, under both base-years, but I guess none of that makes a difference if they have that agreement in place.

One phone call to MD should tell you. Clearly, MD would be your best first choice. Let us know what you find out. Also, if you choose to file in October, do so the 2nd week. Some states backdate their claims to the Sunday of the week you file. If that happens, the base year would only include April 2012-March 2013. This is true for CA, NJ. Not sure about the states on your list.