Unemployment 101
10-05-2008, 07:00 AM
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Unemployment 101
With all the furloughs going on, I hope this little primer on unemployment will help those who have not had to apply before and not sure what to expect. Having practiced unemployment law and represented hundreds of claimants in hearings and counseled thousands more, my goal is to identity the steps and pitfalls of the process. The laws of each state are surprisingly similar. For example, I looked into TN law and it uses almost the same language and words as WA. And instead of writing a narrative, this guide will be in an outline format.
Types of Separation
Types of Separation
- Furlough/Layoff – you are almost automatically eligible for benefits.
- Discharge – you were fired and must show it was not because of “misconduct.”
- Voluntary Quit – you quit on your own and must show you had “good cause.”
- Do not apply before your furlough date.
- Apply during the week after you are furloughed.
- There is usually a waiting week when nobody gets benefits.
- If found eligible, payments will begin the week after the “waiting period.”
- If denied, you usually have 30 days to appeal.
- An appeal will trigger a hearing before an administrative law judge.
- Sometimes, it is possible to ask the unemployment office for a “redetermination.”
- If you were fired, you engaged in misconduct. If you do not believe you did, you must appeal and argue your case before a judge or hearing officer.
- If you quit, you did not meet your burden of proving good cause. Quit cases are harder to win.
- If you were furloughed, it could be because you did not work enough hours in “covered employment.” This term is usually defined in statute and is the most common reasons for pilots’ denial because the folks at the unemployment office just do not know how your hours are calculated. In WA, you need to have worked 680 hours.
- Benefits last around 13 weeks in WA, could well vary from state to state.
- The amount you get each week depends on a convoluted calculation involving “base year.” I have heard of amounts as low as $72 a week to a maximum of almost $500 in WA.
- Benefits are reportable as income in IRS Form 1040, so it is prudent to ask that 10% in federal taxes be taken off.
- During the entire time you are on unemployment, you must also show that you are able to, available for and actively seeking work.
- You must also keep a Job Search Log of all the job contacts you made during any single week.
- Be careful of the next job that you accept, since if you quit that one, you are now no longer “furloughed,” but a voluntary quit. And as indicated above, you will now have to prove “good cause.”
10-05-2008, 09:30 AM
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Originally Posted by vagabond
[*]Be careful of the next job that you accept, since if you quit that one, you are now no longer “furloughed,” but a voluntary quit. And as indicated above, you will now have to prove “good cause.”[/LIST]
While I am fairly conservative, I would say use the unemployment bennies (which you funded with taxes) liberally. Do not rush out and take the first burger-flipping job you can find...the system is set up with the expectation that you will seek employment in your field, at or near your previous income level.
For professionals it is normal that a job search would take months.
10-05-2008, 10:08 AM
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I haven't checked all the other states, but in WA, the unemployment insurance fund, from which claimants get their checks, is entirely supported and paid into by the employer. It's called the "experience rating." Employers pay the state some % based on the number of employees they have. If one of these employees is successful in getting unemployment, the employer's experience rating goes up. It's not much, but many small business owners can ill afford even a small increase. This is the reason so many fight tooth and toenail at hearings.
Big employers fight hard also and many actually have a budget for "hired guns" to do the dirty work for them. I hate these people. They make me feel dirty and as if I stepped on something slimy on the ground in a summer afternoon. I still remember one particularly contentious hearing with one of these lawyer wannabes - I went home and promptly took a shower in an effort to rid myself of the stench.
Big employers fight hard also and many actually have a budget for "hired guns" to do the dirty work for them. I hate these people. They make me feel dirty and as if I stepped on something slimy on the ground in a summer afternoon. I still remember one particularly contentious hearing with one of these lawyer wannabes - I went home and promptly took a shower in an effort to rid myself of the stench.
11-21-2008, 06:00 AM
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I haven't called the unemployment office yet to ask the question, but figured I'd throw it out here.
I am getting furloughed in January from United. I got hired by a commuter where the pay is really crappy, I'd be commuting, etc. If I take the commuter job and then a few months down the road decide I don't want to work there anymore...does that mean I 'm not eligible to collect unemployment from my UAL job?
I am getting furloughed in January from United. I got hired by a commuter where the pay is really crappy, I'd be commuting, etc. If I take the commuter job and then a few months down the road decide I don't want to work there anymore...does that mean I 'm not eligible to collect unemployment from my UAL job?
11-21-2008, 07:36 AM
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As I indicated in the last bullet point - be very careful of taking any old job after a furlough because if you QUIT that job, you are now no longer furloughed, but this is a quit, and you have to go through the "good cause" analysis. I don't know which state you live in, but in Washington, I haven't been able to convice any judge that quitting a crappy job is good cause, especially in this difficult economic environment.
Here is one option for you to consider. Come January, apply for unemployment anyway and see what your weekly benefit will be. Compare this amount to what you will be paid by this crappy job. If unemployment is more, you report your earnings and get the difference of the two numbers from unemployment. So, for example, your unemployment is $400 a week and the crappy job pays you $100 a week. You will get a check from unemployment of $300 a week.
Don't forget that unemployment ends at some time, although yesterday, I reported that President Bush intends to sign a federal extension. If you would like to discuss your personal circumstances, please PM me. I might even give you my cell phone number so we can talk about it!! Pro bono!
Here is one option for you to consider. Come January, apply for unemployment anyway and see what your weekly benefit will be. Compare this amount to what you will be paid by this crappy job. If unemployment is more, you report your earnings and get the difference of the two numbers from unemployment. So, for example, your unemployment is $400 a week and the crappy job pays you $100 a week. You will get a check from unemployment of $300 a week.
Don't forget that unemployment ends at some time, although yesterday, I reported that President Bush intends to sign a federal extension. If you would like to discuss your personal circumstances, please PM me. I might even give you my cell phone number so we can talk about it!! Pro bono!
11-22-2008, 05:57 AM
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This will only apply to a small minority, but I hope it's good info for those who have questions. If you are retired military, and get furloughed, you will probably NOT qualify for unemployment benefits, as your retirement pension is probably higher than the UB.
Not trying to start a flame war here, just passing info to those who are in this situation (like me).
And to make anyone who does not have a military pension feel better- I have paid in to the program at least 20 years, and most likely, will pay in to it at least 20 years more. I will never be able to collect a dime of unemployment.
Stetson20
Stetson20
Not trying to start a flame war here, just passing info to those who are in this situation (like me).
And to make anyone who does not have a military pension feel better- I have paid in to the program at least 20 years, and most likely, will pay in to it at least 20 years more. I will never be able to collect a dime of unemployment.
Stetson20
Stetson20
11-22-2008, 07:42 AM
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A servicemember separating from active service may be eligible for unemployment compensation under the Unemployment Compensation for Ex-service members (UCX) program. However, if you are getting separation pay, the unemployment amount may be affected. And if you take retirement pay, you are also eligible, but may not get any unemployment since the retirement amount is probably greater than the unemployment amount. Every state administers this in a different way, but check on it anyway.
Now, if you are retired military, get a job at an airline, work there for a year let's say, then get furloughed, you should be eligible for unemployment just like any civilian worker who gets laid off.
In all my years representing unemployed clients, I have had very few retired military even with the proximity of Fort Lewis and McChord AFB, and those were limited to issues on re-training instead of eligibility. This one client had been manning a machine gun or something, and obviously could not find a similar job in the civilian world. He wanted to retrain as something else, but the question was what. I still think about him.
Now, if you are retired military, get a job at an airline, work there for a year let's say, then get furloughed, you should be eligible for unemployment just like any civilian worker who gets laid off.
In all my years representing unemployed clients, I have had very few retired military even with the proximity of Fort Lewis and McChord AFB, and those were limited to issues on re-training instead of eligibility. This one client had been manning a machine gun or something, and obviously could not find a similar job in the civilian world. He wanted to retrain as something else, but the question was what. I still think about him.
02-02-2009, 06:26 PM
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Having call centers open on Saturday mornings has never happened before, but I am glad the State is doing something to alleviate the backlog. If your State is still in the Middle Ages, you should complain bitterly.
From Seattle Times 2/5/2009:
From KING5 News:
SEATTLE - Help is on the way for people who've been increasingly frustrated by their inability to get through to the state's unemployment hotline.
It's been a growing concern as more people find themselves out of a job, yet unable to get access to the help they need filing unemployment benefits.
The state Employment Security Department announced Monday that beginning this week, call centers will now be open on Saturday mornings.
Applicants now can call on Saturdays from 8 a.m. to noon, in addition to the normal 8 a.m. to 5 p.m. weekday schedule.
The newest strategy for speeding up the process of filing unemployment claims comes after weeks of criticism from people trying to access their services, unsuccessfully.
It's stressful enough just being unemployed, but for people already dealt a serious blow by losing a job, the inability to get through to the state Employment Security Department has been downright infuriating.
Schuyler Bagwell shared his frustrations.
"I call anywhere from 30-50 times a day Monday through Friday 8-5," he said.
"You can't get a real person you can't talk to anybody," said Johanna New. "There are no offices to go to anymore."
"We are hiring and training new staff as fast as we can and exploring every option to process unemployment claims faster," Lee said Employment Security Commissioner Karen Lee.
Employment Security says in less than a year, they have nearly doubled the number of intake agents, with another 27 newly trained agents being added in February and another 50 in April. The number of employees who investigate and make decisions about complicated and disputed unemployment claims also has increased by more than 20 percent.
During the past several weeks, KING has been inundated with calls, letters and emails from people saying they need help getting their claims processed.
The department's spokesman says they have simply been overwhelmed by the sheer number of people clamoring for their services.
A record 90,331 people applied for regular unemployment benefits in December 2008, an increase of about 75 percent over December 2007. Nearly 130,000 Washingtonians currently are receiving unemployment benefits, about 92 percent more than a year ago.
Lee said there are some things claimants can do to avoid delays and reduce the number of phone calls:
1) File your initial unemployment claim online at Home. Most people with employment only in Washington within the past two years should be able to use this method.
2) When calling the hotline (800-318-6022), use a landline rather than a cell phone, because there will usually be a wait time that could use up cell-phone minutes. And don't hang up and redial, because it puts the caller back at the end of the line.
3) Provide complete and accurate information in your application, including your Social Security number; the name and address of all of your employers during the last two years, regardless of how long you worked there; the dates you worked for all of your employers during the last two years; and the reason you became unemployed.
4) File weekly claims on Monday through Thursday, avoiding the Sunday rush that sometimes clogs the automated phone system. Weekly claims also may be filed online at esd.wa.gov for most individuals who have had only one employer in the past two years.
5) Use the automated features on the phone system (800-318-6022) on Monday through Thursday evenings for many routine matters, after the "live" calls are done for the day. Claimants can file a weekly claim (option 1), reopen an existing claim (option 2), find out if their check was processed (option 3), provide an address change (option 4), and obtain information about a benefit overpayment (option 6) without speaking to a live agent.
SEATTLE - Help is on the way for people who've been increasingly frustrated by their inability to get through to the state's unemployment hotline.
It's been a growing concern as more people find themselves out of a job, yet unable to get access to the help they need filing unemployment benefits.
The state Employment Security Department announced Monday that beginning this week, call centers will now be open on Saturday mornings.
Applicants now can call on Saturdays from 8 a.m. to noon, in addition to the normal 8 a.m. to 5 p.m. weekday schedule.
The newest strategy for speeding up the process of filing unemployment claims comes after weeks of criticism from people trying to access their services, unsuccessfully.
It's stressful enough just being unemployed, but for people already dealt a serious blow by losing a job, the inability to get through to the state Employment Security Department has been downright infuriating.
Schuyler Bagwell shared his frustrations.
"I call anywhere from 30-50 times a day Monday through Friday 8-5," he said.
"You can't get a real person you can't talk to anybody," said Johanna New. "There are no offices to go to anymore."
"We are hiring and training new staff as fast as we can and exploring every option to process unemployment claims faster," Lee said Employment Security Commissioner Karen Lee.
Employment Security says in less than a year, they have nearly doubled the number of intake agents, with another 27 newly trained agents being added in February and another 50 in April. The number of employees who investigate and make decisions about complicated and disputed unemployment claims also has increased by more than 20 percent.
During the past several weeks, KING has been inundated with calls, letters and emails from people saying they need help getting their claims processed.
The department's spokesman says they have simply been overwhelmed by the sheer number of people clamoring for their services.
A record 90,331 people applied for regular unemployment benefits in December 2008, an increase of about 75 percent over December 2007. Nearly 130,000 Washingtonians currently are receiving unemployment benefits, about 92 percent more than a year ago.
Lee said there are some things claimants can do to avoid delays and reduce the number of phone calls:
1) File your initial unemployment claim online at Home. Most people with employment only in Washington within the past two years should be able to use this method.
2) When calling the hotline (800-318-6022), use a landline rather than a cell phone, because there will usually be a wait time that could use up cell-phone minutes. And don't hang up and redial, because it puts the caller back at the end of the line.
3) Provide complete and accurate information in your application, including your Social Security number; the name and address of all of your employers during the last two years, regardless of how long you worked there; the dates you worked for all of your employers during the last two years; and the reason you became unemployed.
4) File weekly claims on Monday through Thursday, avoiding the Sunday rush that sometimes clogs the automated phone system. Weekly claims also may be filed online at esd.wa.gov for most individuals who have had only one employer in the past two years.
5) Use the automated features on the phone system (800-318-6022) on Monday through Thursday evenings for many routine matters, after the "live" calls are done for the day. Claimants can file a weekly claim (option 1), reopen an existing claim (option 2), find out if their check was processed (option 3), provide an address change (option 4), and obtain information about a benefit overpayment (option 6) without speaking to a live agent.
A deal has apparently been reached in the state Legislature to temporarily boost the average unemployment benefits for workers by $45 a week.
House Democrats announced this morning that they expect to pass a bill Friday to do that, as well as increase the minimum weekly benefit from $129 to $155.
Sen. Ed Murray, D-Seattle, said he expects the measure will pass the Senate as well. Murray is chairman of the Senate Democratic Caucus.
Gov. Chris Gregoire supports the measure.
Gregoire recently proposed taking $400 million from the state's $4 billion unemployment trust fund, which is running a surplus. Half would go to boost benefits and the other half would aid businesses by reducing the amount of money they pay into the fund.
Speaker Frank Chopp and Rep. Steve Conway, D-Tacoma, have a news conference planned Friday morning to discuss the bill, called the "Economic Security Act of 2009." Chopp could not be reached for comment this morning.
However, he said last week that the plan in the House is to move toward beefing up worker benefits quickly and then take up a tax cut for business later. He wants to look at a long-term reduction in the amount of money business puts into the unemployment fund so that it doesn't rack up large surpluses.
The rates were set too high, he said last week. "We'd adjust those rates to have a more appropriate amount in the fund."
House Democrats announced this morning that they expect to pass a bill Friday to do that, as well as increase the minimum weekly benefit from $129 to $155.
Sen. Ed Murray, D-Seattle, said he expects the measure will pass the Senate as well. Murray is chairman of the Senate Democratic Caucus.
Gov. Chris Gregoire supports the measure.
Gregoire recently proposed taking $400 million from the state's $4 billion unemployment trust fund, which is running a surplus. Half would go to boost benefits and the other half would aid businesses by reducing the amount of money they pay into the fund.
Speaker Frank Chopp and Rep. Steve Conway, D-Tacoma, have a news conference planned Friday morning to discuss the bill, called the "Economic Security Act of 2009." Chopp could not be reached for comment this morning.
However, he said last week that the plan in the House is to move toward beefing up worker benefits quickly and then take up a tax cut for business later. He wants to look at a long-term reduction in the amount of money business puts into the unemployment fund so that it doesn't rack up large surpluses.
The rates were set too high, he said last week. "We'd adjust those rates to have a more appropriate amount in the fund."
Last edited by vagabond; 02-05-2009 at 09:59 AM. Reason: added new info on increased benefit checks
02-11-2009, 09:17 PM
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This is very common with employers. If you have been furloughed, you ARE eligible for unemployment benefits. Anymore, it doesn't matter whether it's a big company or a mom-and-pop operation, some employers will commit perjury in order to thwart as many claims as possible. The worst are those companies whose sole purpose is to represent employers at hearings. The so called "representatives" are mostly arrogant and unethical.
Out of work, challenged on benefits - Washington Post- msnbc.com
Out of work, challenged on benefits - Washington Post- msnbc.com
02-12-2009, 02:47 PM
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Since I was one of the first people furloughed in this mess back in August, I will give you guys a heads up of how I just might have been hosed today just incase any of you are getting close to the end. This might apply to you if you were based in more than one state in your base year.
I have exhausted all my funds for my unemployment. I called to get set up and start the federal extended benefit and have been told that since I worked 1 bid in New Jersey I now have to claim there and am not eligible for the extended benefits. SO since I only made about 2 thousand dollars in New Jersey I take that to mean I am going to get next to NOTHING in unemployment benefits each week. Struggling already this is a kick in the A$$. I'm not sure if I could change anything if I had known about this sooner but it would have been better to know this a month ago rather than TODAY!! At least I could have found a job digging ditches. They are currently saying they will call me back tommrow to let me know my options.
I can't believe that because I worked 4 weeks in Jersey they can now deny me the full amount of my extended benefits.
I have exhausted all my funds for my unemployment. I called to get set up and start the federal extended benefit and have been told that since I worked 1 bid in New Jersey I now have to claim there and am not eligible for the extended benefits. SO since I only made about 2 thousand dollars in New Jersey I take that to mean I am going to get next to NOTHING in unemployment benefits each week. Struggling already this is a kick in the A$$. I'm not sure if I could change anything if I had known about this sooner but it would have been better to know this a month ago rather than TODAY!! At least I could have found a job digging ditches. They are currently saying they will call me back tommrow to let me know my options.
I can't believe that because I worked 4 weeks in Jersey they can now deny me the full amount of my extended benefits.
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