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Old 12-03-2013, 10:02 AM
 
2 posts, read 7,660 times
Reputation: 10

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Hi all,

I recently filed an unemployment claim that is now under review by NY unemployment and I would greatly appreciate your help in navigating the process figuring out next steps.

BACKGROUND:
2 & 1/2 months ago, gainfully employed (1 year), I purchased airfare tickets to travel out of the country for Thanksgiving holiday.
4 weeks ago major leadership changes occurred at my organization. Shortly there after I was told that I wold be laid off and they gave me my two weeks.
2 weeks ago I filed for unemployment and my waiting week started.
Last week I went on my vacation, while out of country and I tried to claim my weekly benefits. I discovered that I was unable to file. I was notified through the system that since I was out of the country I wouldn't be able to do it. When I returned this past Sunday, I tried to file again yesterday and I thought it worked but I noticed after looking at my payment history that something was wrong. So I called the hotline number and I was told that my claim had been put on hold because I was out of the country. I explained my situation and the fact that I didn't know that would be an issue (honestly I had no idea). She said that my claim now being placed under review and it could take up to 4 - 6 weeks to get it sorted out. When I asked if there's anything I could do in the meantime she suggested that I can keep filing weekly (even though I won't be receiving any payments) and someone would reach out to me about my current claim. At which point I have to send them a copy of my passport and travel itinerary. I can float myself for the month of december but this situation could put me in a bind for January if I'm unable to find work.

Does anyone know if there's a way to expedite this process? Should I try and cancel and refile this claim? If I plan to go home (I'm originally from Michigan) for christmas, should I notify them of those travel plans? Any advice this forum could provide would be much appreciated. I know screwed up I didn't know how bad it would be...

Thanks!
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Old 12-03-2013, 10:25 AM
 
14,508 posts, read 25,918,742 times
Reputation: 2562
I'm assuming you answered the "did you look for work" and "were you available for work" questions as, "yes." When you're out of the country, there is a presumption that you weren't.

Others have gotten their benefits back in these situations, but they've never said just what sort of hit they had. At a minimum, you aren't eligible for any part of a week that you were out of the country unless you have solid proof that you looked for work out of the country and that you have the necessary documentation to actually work in the country you were claiming to be searching for work in.

As for the Christmas plans, you don't have to tell them that you're travelling. Just like you didn't have to tell them about the out-of-country visit, but you can't answer those questions incorrectly because when you get caught, you have to worry about being hit with "false statement" penalties which completely negates all the extra money you thought you were going to get and then some.
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Old 12-03-2013, 01:14 PM
 
Location: Wisconsin
23,446 posts, read 49,944,752 times
Reputation: 18108
From the NY handbook:
Quote:
What if I leave the area?

If you leave your normal labor market to travel to another
area, you must call the Telephone Claims Center before
leaving. You will be told whether your benefit rights can
be protected while you are away. Failure to advise the
Telephone Claims Center before you leave could result
in a denial of benefits. Also, if you travel to a foreign
country (except Canada), you should not use our web or
phone systems to claim benefits during the period that
you are in the foreign country.

http://www.labor.ny.gov/formsdocs/ui/TC318.3e.pdf
If NY didn't send you a handbook when you opened your claim, you probably should download, read, and keep for future reference.

Most states settle issues like yours quickly and without serious penalty. In the past, even NY claimants weren't having much trouble resolving this, although recently we did nave a horror story from a NY claimant who waited months.

Waiting until someone from NY "reaches out to you" doesn't sound very promising. NY may have gotten tired of this stuff, because its website clearly addresses out of country claims:
Quote:
Q: What if I leave the area?

A: If you leave your normal labor market to travel to another area, you must call the Telephone Claims Center before you leave. They will tell you whether your benefit rights can be protected while you are away. You could lose your benefits if you fail to advise the TCC before you leave. Also, when you travel to a foreign country (except Canada), you should not use our web or phone systems to claim benefits while you are in the foreign country. If we learn that you received benefits while outside of the United States, we will issue an overpayment determination. That makes you liable to repay any benefits that you were not entitled to receive. You are in a foreign country when you go outside of the United Statesor a U.S. Territory (except Canada).Claimants may file for UI benefits From Canada using our web or phone systems. However, if you plan to leave your normal labor market to travel to Canada, you still must call the Telephone Claims Center before you go.
If you don't have a firm date on a telephone interview or haven't received correspondence from NY in the next week or so, contact one of your state reps to get the ball rolling. You could be waiting a long time, otherwise.

It's all about "able and available." When you are on vacation, you are not "available" and, thus, disqualified from benefits for that week. Had you not attempted to claim for that week at all, NY would have required you to call them to reopen the claim, which any rep can do over the phone, after you've explained the reason for not claiming.

Give us an update on how this is ultimately resolved.
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Old 12-11-2013, 05:13 PM
 
2 posts, read 7,660 times
Reputation: 10
Hey guys,

I got a call Monday morning from someone at unemployment. She noted that someone tried to file for me from in the states while I was out of the country. I explained to them that was an accident and that I was sorry and just want to be completely honest. They asked me to fax a copy of of my passport and flight itinerary. She gave me to till today to do it. I did it yesterday. Hopefully everything gets sorted out soon. Will keep you up to date.
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Old 12-11-2013, 05:22 PM
 
Location: Wisconsin
23,446 posts, read 49,944,752 times
Reputation: 18108
Quote:
Originally Posted by NewSlangCoffee View Post
I got a call Monday morning from someone at unemployment. Hopefully everything gets sorted out soon. Will keep you up to date.
Well, it appears NY has responded in a timely manner. That's one positive.
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