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as it stand they are telling me im at 238 using just my new york earnings but i made a big chunk in those 3 months in florida. Can i used floridas earnings along my new york earning for the "alternate period"?
What the hell?
Now, you have a real mess. The general rule is that you can't quit a job to take a new job, and then get UI when the new job ends after a short period of time.
So you worked in NY
Then went on leave and got PFL, and WORKED. Sounds wrong.
Then you quit the 3 month job in FL
Then got fired from your job in NY.
That's like two separation issues, and the possibility that you were working while on PFL that might be against the rules.
WHY didn't you say all this stuff before? If you get denied or have trouble, it's going to be because of YOU.
TELL the whole story if you really want help with this situation that's starting to look like an ugly mess of multiple separations, an able and available issue, and what working while on PFL might cause.
sorry your right i did not mention the whole story so here is the rest
i took PFL to care for a family member in the beginning of the year, that was when i switched my license over. After that i got hurt outside of work and was on short term disability, the REASON for that was because i could not lift ANYTHING because of my back, and my job is basically unloading trucks cases from trucks all day, while on short term i was in florida visiting my daughter (not against the rules) and i was offered a job where i was just driving a truck, no lifting, no pulling, just sitting down and driving a truck from point a to point b. I called both my job and the insurance carrier that was paying my short term disability benefits and asked if i could do that, they said it was not against their rules as long as the job does not require you to do the things you was put on short term disability in the first place (lifting heavy objects which i was NOT doing)
I worked there 3 months and it did not work out, i came back to ny a month later, im still on short term at this time, but everything i did including the job was legit and OKd by employer and insurance. After a few doctor visits i was finally cleared to go back to lifting cases like i was in coca cola, thats when i was cleared to go back to work and thats when i had that meeting that led to them finding out i had a florida license and not a new york. Again all this was legit and confirmed and i was not terminated for working another job while on short term cuz it was legit, it was all because of the license. And i did not apply for UI until 2 months after i stopped working in that florida job.
i took PFL to care for a family member in the beginning of the year, that was when i switched my license over.
This makes it sound like your wages are aging away. It's been nearly a year. The quarters have shifted.
Quote:
Originally Posted by frankiecarbone
After that i got hurt outside of work and was on short term disability, the REASON for that was because i could not lift ANYTHING because of my back, and my job is basically unloading trucks cases from trucks all day, while on short term i was in florida visiting my daughter (not against the rules)
Visiting your daughter is ok. It's working and earning money when you might not have been supposed to is where the problem would be.
Quote:
Originally Posted by frankiecarbone
and i was offered a job where i was just driving a truck, no lifting, no pulling, just sitting down and driving a truck from point a to point b. I called both my job and the insurance carrier that was paying my short term disability benefits and asked if i could do that, they said it was not against their rules as long as the job does not require you to do the things you was put on short term disability in the first place (lifting heavy objects which i was NOT doing)
Usually when this happens, you get LESS disability, or none. The purpose of the disability payment is to make you whole because of your lost wages from your injury. When you replace those wages, they offset. You're not supposed to be in a BETTER position than you were before the injury.
Quote:
Originally Posted by frankiecarbone
I worked there 3 months and it did not work out, i came back to ny a month later, im still on short term at this time, but everything i did including the job was legit and OKd by employer and insurance.
This means that since the moment you lost your job, you've had ZERO work to purge a potential disqualification.
Also, you can't get UI when you're too sick to work as evidenced by the fact that you're on short-term disability.
Quote:
Originally Posted by frankiecarbone
After a few doctor visits i was finally cleared to go back to lifting cases like i was in coca cola, thats when i was cleared to go back to work and thats when i had that meeting that led to them finding out i had a florida license and not a new york.
Your disability is over, and you can work. The more likely reason you were fired is because you've been off work for nearly a year, NOT the license. Still, if the reason for the FL job is disqualifying, then you haven't worked any to purge the disqualification.
No wonder the UI worker hasn't made a decision. You have a MESS.
Quote:
Originally Posted by frankiecarbone
Again all this was legit and confirmed and i was not terminated for working another job while on short term cuz it was legit, it was all because of the license. And i did not apply for UI until 2 months after i stopped working in that florida job.
Ok, so the working was ok, and you didn't commit fraud on the insurance, BUT it's an ugly story for getting UI.
Quote:
Originally Posted by frankiecarbone
oh and i got fired from job in florida not quit.
Doesn't necessarily make it better. If you were fired for something other than misconduct, great, but if not, then you have to purge a disqualification.
Just wait and let the decision be made. When you applied for UI, did you list the FL employer? Did you work for a single day at the NY job after being fired in FL?
but if i sign the paper arent i guaranteed UI since even if it gets denied they wont show up to the appeal? in other words signing that paper pretty much guarantees me UI approval since they wont show up for the appeal, worst comes to worst ill just have to wait until the appeal.
Now if i dont sign then im not guaranteed anything and its a gamble, cuz they WILL show up on the appeal (if benefits gets denied)
My gut tells me that i will both get benefits approved and if it went to appeal i can win it myself, but my wallet and current financial situation says take the deal. Im to the point i cant eve afford a metro card to take the train. I dont know how bad the "judge" will see my case, i dont see it being as bad as stealing or fighting.
Doesn't necessarily make it better. If you were fired for something other than misconduct, great, but if not, then you have to purge a disqualification.
Just wait and let the decision be made. When you applied for UI, did you list the FL employer? Did you work for a single day at the NY job after being fired in FL?
when i applied for UI i did not, i only put "fired for not having qualifying drivers license" thats ALL i put down, however i did mention this whole florida, short term, pfl story to the interviewer (again i know i ****ed up but i knew no better at the time)
the process to return to work is you go to the company doctor, and he gives you a look over and gives a note saying u can return to work, i did that and sent it to the company, the company sent me a email saying i was good to go and to return to work the next day with this doctors note. Following day i reported to work and gave my manager the note, and after about 15 minutes they sent me home saying that the "new rules" require i have a sit down with human resources before i can actually return to work and that this was something they just implemented, so i was sent home.
They set up the meeting for the following week where i was told it was just SOP and they just wanted to go over some safety rules, thats when they questioned my license and ultimately told me "you are hereby suspended without pay pending arbitration" i said "why" and they said "dishonesty. We know for a fact that you have a florida license now not a new york one cuz u switched it over in april, we know this because we ran your information, you did not tell us that so its DISHONESTY"
after about 15 minutes they sent me home saying that the "new rules"
Ok, here's something to work with. At most, you only worked 15 minutes, so you for sure have a dual separation adjudication.
However, THIS is when you were fired, not after the meeting for the license. The reason you stated on your UI application was wrong. The moment an employer tells you to go home and at that moment you don't know the next day you are to work, that is an "indefinite lay off." At that moment the separation is in and it's at that MOMENT the reason for your termination is established. You can't be fired a week later for something when you were already fired earlier. We can deal with this AFTER you get denied if it even happens at all.
Come back IF you get a denial letter for your UI, and we'll deal with just THAT issue(s). There is just so much that went wrong.
This is why I'm so jaded when people tell their stories, and why I want them to just say, "fired," and not take the call because what they think is just plain not what it really is and there is no way that most claimants can do this BEFORE they get HELP.
does it make a difference that i did not punch in? Since i was away from work so long my ID card was inactive (which is what is used to punch in), but i for sure was there and 80 other employees and supervisor saw me, including my manager who was the one that sent me home. And i have emails of the leave coordinators at coca cola telling me "you can return to work now just show your doctors note"
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