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I was laid off from my Pennsylvania employer on April 2 2013. I've been with the same employer since 2009; however, I worked for their foreign subsidiary from November 2011 to mid-June 2012. During this time I was paid in foreign currency through the foreign subsidiary. They've stated that my base year consists of 4Q2011, 1Q2012, 2Q2012 and 3Q2012. Does this even sound correct?
The real problem is that for one of those quarters my income was zero, and during the other it was very low (because I did not show any W2 income). As result I don't meet the 49.5% rule because more than half of my wages came in 1 quarter.
I want to appeal but not sure which avenue I should go down. Does income earned while in a foreign country count towards wages earned? I've paid US taxes on this income. I understand the mechanics of how I was denied, but I don't agree with it. I've worked for the same company for 4 years, how can I be denied unemployment? I am baffled
They've stated that my base year consists of 4Q2011, 1Q2012, 2Q2012 and 3Q2012. Does this even sound correct?
PA uses the standard method only for determining base-year wages - which excludes wages in the quarter you file and the quarter preceding that. Other states may also consider wages to the quarter preceding the date you filed or to the actual date of filing. PA does not.
That said, you filed your claim too soon. Probably you filed the first week in April when you were let go. Because of this, PA has backdated your claim to 3/31 and ignored a quarter of earnings which would appear had you filed this week.
Refile the claim now. PA will then be looking at earnings January-December 2012 which will pick up six months' US earnings.
If the foreign earnings still cause you a problem, you may still need to appeal. Plan to provide paystubs for the low quarters in question with evidence that, in fact, your US employer is the parent of this foreign subsidiary and had sent you overseas to work, PA may find eligibility. This issue needs human eyes, not a computer.
You will have a better and longer-paying claim, probably, if you can get those foreign earnings included.
Use links here you to determine if those foreign earnings will improve your benefit:
Quote:
6. How can I estimate my weekly benefit rate for unemployment compensation?
UC eligibility cannot be predetermined. Your eligibility will be based on the information provided by you and your employer(s) after you have filed your claim.
Very insightful, thanks for your help. Would you recommend appealing the final determination I received based on the date, or simply re-file a new claim and state that I just got laid off this week not last. Unfortunately the extra quarter won't help, because I was paid a bonus in 4Q2012, so it bumps that quarter up pretty high. The bonus was deferred compensation from 2010, so if I could somehow get them to exclude that it would work. Am I making sense?
Very insightful, thanks for your help. Would you recommend appealing the final determination I received based on the date, or simply re-file a new claim and state that I just got laid off this week not last. Unfortunately the extra quarter won't help, because I was paid a bonus in 4Q2012, so it bumps that quarter up pretty high. The bonus was deferred compensation from 2010, so if I could somehow get them to exclude that it would work. Am I making sense?
Refile the claim. You can state your actual layoff date.
The operative date for determining base-year earnings is when you file, not when you are laid off. If you refile this week, your claim will be backdated to Sunday, April 7th, and will include Jan-Dec. 2012 earnings.
Suggest you try filing over the phone to circumvent formal letter determination delay. When you file, ask PA to rebalance your quarters to compensate for the bonus or, secondarily, to exclude that bonus if the loss of those earnings don't affect your benefit. Some states will do one or both when large lump-sum payments cause disqualification, or very low benefits. Also, tell the rep you have other foreign earnings which should be considered (since they were paid by a subsidiary of a US company).
The first thing PA will do is schedule a phone interview which should happen fairly soon. Hopefully, it will be with someone competent to help you with both issues.
Unfortunately, PA isn't the best on timely reviews, so it may take a while to get a final decision.
Thanks again. THis all makes a lot of sense. I'm just hesitant to have 2 claims open at once, wondering if that has some kind of impact on eligibility or if it will make it look like i'm double dipping. I guess the best course of action is to actually try to re-file and talk to someone on the phone to do it. I'm just hesitant to give too much info because I don't want them to deny me right off the bat.
Makes sense, though I will surely get denied for the same reason unless I can convince them to either 1) exclude the bonus payment, or 2) recognize non-US wages
I'm not sure why you are coming to that conclusion. Based on your first post, with the new base period, you'll be dropping 4th Qtr 2011 that had foreign earnings from Nov to Dec 2011, and replacing it with 4th Qtr 2012 when I presume that you were done with the foreign aspect (November 2011 to mid-June 2012) and that would be US earnings.
Therefore, I don't think you'll get the same kind of denial, but if it is denied, it'll have to be for a different reason. You'll now have two opportunities to appeal: from the claim filed the first week of April, and with this new filing. Certainly one of them is going to work.
Makes sense, though I will surely get denied for the same reason unless I can convince them to either 1) exclude the bonus payment, or 2) recognize non-US wages
Or ask them to rebalance the quarters. This is done all the time.
Which is why I said before you will need to speak to a rep and work your way through this.
You may not get a immediate approval because frontline reps can't rebalance quarters, remove earnings from a quarter, or get foreign earnings recognized.
All of these things need human eyes at another level.
As I said before, this will take time. So, expect to jump through a few hoops.
Last edited by Ariadne22; 04-12-2013 at 11:51 AM..
I have a similar circumstance. In Sept 2011, my employer was engaged in selling his company. He proposed that if I stayed and worked for the 4th qrt of 2011 until Sept of 2012 and if I performed my regular work and assisted in the due dilligence for the sale I would earn $100,000 at the close of his business. All that $100,000 was paid in the 4th qrt of 2012
The new owners laid me of in April 2013, as they did with all the executive management.
Since all those earning of $100,000 were paid in Oct 2012, that quarter made me inelig for unemployment.
The agent said his supervisor said I should appeal because I had to work for each of those qrts to earn that money.
Any thoughts
Judi
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Denied as well
