My partner’s in sales, and his company cut his salary in half but doubled his commission. I would encourage you to keep documentation that you were encouraged to agree to a temporary pay cut. You must have earned at least $2600 in the highest paid quarter and the total earnings for the base period must be 1.5 times the highest quarter. It shouldn’t make a difference, but try a couple of different browsers. So sorry you have to take this step. I’ll just keep trying! I always have to remind people they’re able to collect UI during this time even though they’re still technically employed y us. It’s really hard, we are tired, we are doing the best we can. “I understand we’ve said schools are closed and everyone should stay at home and no group mingling and things like that,” Schakow said. And try to get in touch with someone there. They can reduce salaries as long as it’s not retroactive and a clawback in most instances. You also should file as soon as possible, since you generally won’t receive benefits retroactively. Not trying to defend them. I had a similar situation, I worked very briefly at one job and was fired from it, and was able to claim benefits because I had been working (at a different job) in the year that was 18 to 6 months prior to my getting fired. Only…I haven’t been officially laid off, just not given hours. is it a red flag when a job is posted for a long time? Apply online. My FT owner is a legitimate saint and I would not want to affect his business at all ( especially since he is paying us in full when we don’t have incoming business – promotional product and event supplies ) does anyone have insight? That will ensure that every penny goes into your own bank account, and that you don’t wind up with a few dollars or cents left sitting on a debit card held by the state. Aside from that being insane, I was wondering if my friend had any recourse, like if they could apply for unemployment for their original salary if this counts as constructive dismissal? Copyright © 2007 - 2021 Ask A Manager. Lori Schakow of Child Care Solutions said that the push to encourage everyone to stay in their homes has created an exaggerated fear of childcare facilities. How do you not apply retroactively if you don’t know how many hours of work you “missed” until the week is over? Yeah, bro in NJ was just furloughed and he said the unemployment website keeps crashing. “Have I applied for a job in the past week? I’ve been struggling to explain this to a lot of people who are in a panic. I can understamd a 10% paycut may be more pallatable than lay offs but 50 % while expectations remain unchanged? The forms on the NC website can be confusing and whenever I did receive a follow-up call, they seemed to know exactly what went wrong, meaning they are used to the confusion. Syracuse, N.Y. — The conversation across New York State has shifted over the past week away from social distancing and to the potential re-opening of the economy. "Right now, the traditional unemployment benefit programs in each state are incredibly overwhelmed with claims just from employees," said Cheryl Sabnis, a partner at law firm King & Spalding. This is the way my state is too. If they lay your husband off and then “require” him to come back, they will have to rehire him. 1. My husband usually drives for Lyft but doesn’t feel comfortable/can’t since our state is one with shelter in place now. You can negotiate One thing that many employment lawyers have noted over the past week is that in many cases both employers and employees are often willing to try and help each other as best they can. My husband’s work is talking about laying everyone off to get them on UI, but have them still come to work until business picks back up. I was laid off from a full time job, was on unemployment for a month, accepted a 1099 contract for 3 months (on my own directly with the company, not through a recruiter or recruiting firm). Yes! IL is waiving that right now if you intend to go back to your job when this is over. It’s not under minimum wage (he didn’t give me numbers but he was not being paid a lot or anything before this) but still that feels fairly egregious? Most state unemployment security commissions have unemployment benefits calculators that allow you to calculate how much you qualify to receive while working your temp job. If you lose your job because your company downsizes, lays off workers or for another reason that is not your fault, you can file a claim for unemployment benefits. There’s nothing wrong with filing an honest UI application even if it turns out you don’t qualify. It’s going to depend on the state but in mine it would count as constructive dismissal for UI. If you draw a full weekly benefit amount each week, you will run out of money in the number of weeks that you are entitled to. To be fair, that’s also frequently true when there isn’t a pandemic. No, not in my experience. Working the same hours at half pay, you don’t. So I hoped to work retail, when they emailed saying they were laying off most people. Note to readers: if you purchase something through one of our affiliate links we may earn a commission. It’s still available to a lot of people, but we’ve been talking to a lot of people who aren’t covered.". It’s popular in a lot of industries. I’ve heard from some people who incorrectly believed they had to be fully unemployed before they’d be eligible for unemployment. You can actually work and get unemployment but it has to be all reported and does correctly. Another thing to keep in mind is that depending on why you got fired for cause, you may be eligible for unemployment benefits after a certain waiting period. Does Alison’s advice apply to me, since I only work sporadically? You’re the only person who can apply for unemployment and your claim has to be filed directly with your state unemployment office. they are saying that since they were non-profit, no unemployment was paid in so I can’t get it. Workers can call (3150 446-1220. Only if you already itemize your deductions. Or worse, for an employee to use the threat of a lawsuit to make any disciplinary action go away. Do companies pay a set amount into unemployment? Anyone utilizing the PUA would also have no promises that they can return to their job and would have to wait to wait receive benefits from a new employer, something Hazelton indicated should be a serious consideration. In addition, Scott Behren, owner of Behren Law Firm, which focuses on employment law in South Florida, explains that the government waived the waiting period to collect unemployment and relaxed the requirement that you be searching for another job. Some states don’t conform (I think in CA it’s still allowed), but the total of that category has to exceed 2% of adjusted gross income before the rest is deductible. Nope! One heads up if you’ve never been on unemployment before, it is consider taxable income for your federal income taxes. was my company right to fire my coworker for accidentally sending me a graphic email? As millions of people are discovering for the first time. I could probably find a job working at Costco or another grocery store at this time, but I’d rather not be working in public if I don’t have to. Here are some things that Small and other experts suggested primary caregivers keep in mind if they are asked to return to work. While that shift will be a relief to many it has the potential to put parents in a bind, especially since Gov. Does this qualify for unemployment? That seems reasonable, but I also have not seen a directive that they are required to do that. It doesn’t even give the option to retrieve a username, but one step at a time! But state laws vary as to how they define "good cause." Is there a “Contact Us” link on the page? I’m sure they’re inundated now, but just wanted to mention that they seemed to be on top of things, so you probably would not need to apply again. If you did not have earnings in that year you won’t be able to collect unemployment. You can choose to have 10% withheld from your weekly benefit payments for federal income tax. B) We don’t work but we don’t get paid either, since the system will consider it an unjustified absence. If unemployment isn’t retroactive to the date of my furlough, but rather starts the date I successfully file, what am I supposed to do when I literally cannot be successful at filing? Is this still going to affect his unemployment being accepted? That’s where I saw this waiver. I also know that requirements are different for students (I once worked eight hours on a federal holiday and my boss went in to change my timecard because students apparently can’t earn time and a half.) Oh and the Employee Securities Department is hiring too, in case you’re in that kind of line of work =X But yeah, no not many places are actively hiring right now. We employ a lot of hourly employees who work project to project so once a project ends, it can be 2-3 weeks before they get another project and they sit with zero hours during that time period. And yes. It made my skin crawl reading your post because of how awful it is. • If your last name begins with the letter N-Z, file your claim on Monday, Wednesday, Friday or before noon on Saturday. If the same amount of work still has to be done, it would appear the company actually has the same amount of business coming in. Of course this probably varies state by state but being in Ohio, I know that this is ALWAYS the case, even outside of a pandemic. I’m getting my next two paychecks, so through April 15, even though I’m not working. The benefits and extra $600 per week sound appealing, but the $600 per week expires at the end of July, the benefits generally expire after 39 weeks, and again, that employment relationship is severed, meaning employees will likely have to find health insurance elsewhere.”. Save receipts and talk to your tax preparer when the time comes, it’s always better safe than sorry. Curious about partial unemployment due to pay cuts due to COVID. The employers required to provide those benefits include public and private employers with less than 500 employees with some exceptions. Let's say someone gets about $380 a week — the average — in state unemployment benefits. when i was on unemployment in IL i had to certify every week or every other week that i looked for jobs during that period. If you receive a disproportionate amount from one defendant, that person is left with the task of evening things out. File now. There is no requirement you live in the state responsible for paying your benefits – either while collecting or when you apply. I read through the website but I’m not 100% sure if I need to file a new claim due to my wages changing or just file as normal and the system would pull up my new information. All rights reserved (About Us). Additionally, you must be available to work to maintain your eligibility. But while collecting unemployment, are you allowed to go on vacation? So if they weren’t all “starting last paycheck, you make $15 an hour instead of $30! If you’re a night owl, try staying up later in the evening to file as well,sine the websites are starting to crash in some areas due to the traffic increase. If they ask if you “earned wages” it ought to be a no (I think, check their guide on this it varies by state). Not sure about the available recourse, but did they at least put in writing that the salaries would go back up after a reasonable amount of time due to Covid? If you’re newly unemployed, apply through your state unemployment insurance website. My friend’s company cut everyone’s salaries IN HALF without reducing hours or output expectations. A couple questions: While rules vary from state to state, that’s generally not true. I was offered a job (in CA) just before the state issued a shelter-in-place order. It will also allow you to earn whatever interest rate your bank normally pays on the money (which is minimal, but better it goes to you than to the state, right?). If I agreed to a temporary pay cut so I could work from home (because there’s not much I can do at home), does that count? If you are collecting unemployment based on a job you had, working freelance can impact the benefits you are receiving. In Onondaga County, childcare is still free for all workers deemed essential. My husband (who just got approved for unemployment, thank goodness) is dealing with a similar issue. Is that correct? The free offer is expected to run through at least May 15, when New York State has announced that it could begin to un-pause and lift restrictions on non-essential work. 5827). Hi eric, you can only file for UE if you worked on the books. I seem to recall that you can be eligible for unemployment if your pay is cut by more than 30% and you quit because of that, even though you left the job “voluntarily.” But that likely varies state-by-state and I don’t know if the benefits would be based on their pre- or post-cut salary. I’m a college student in Illinois, and my university closed because of the virus beginning last week. It’ll usually depend on the amount you’ve been reduced by. should we let an employee resign instead of being fired? I’m technically still employed by the school but I can’t go in to work right now. Don’t call unless you ABSOLUTELY have to. 20% shouldn’t be enough of a cut to be eligible but you may still want to try? 5. I’ve read that some states are waiving that requirement right now, too. Yeah, that sounds highly sketchy. That week did not affect my eligibility for unemployment – my eligibility period started from the day of termination not the last day of compensation. In 2014 I was making min wage, so my weekly amount was like $100 or so, if I do the calculation now based on gross wages from the last year, it should be $500 a week). If the pay and benefits you receive as severance stop when you find a job, that is considered a type of unemployment insurance program, not a severance program, and you are ineligible to collect unemployment from the state. If your employer says don’t come to work- you are unemployed- even if they are paying you for past or even future service. Hugs to all! No, you cannot collect unemployment once you return to full-time work, no matter if it is in a different state or for a different employer. Also if you’re rejected by Washington state due to your part-time status, they will call you about it and overturn the rejection. The standard one-week waiting period doesn’t apply at the moment. There is a small chance that I may be rehired at my old employer after all this is over (unlikely, but you never know), so I also don’t want to go through an extensive job search immediately. However, a third party cannot file for unemployment for you. You can apply right away, you just might not get benefits right away. Because they were skilled workers doing custom manufacturing, the company wanted to keep them rather than train a bunch of new people and wait for them to catch up later. can I freeze out my coworkers who aren’t social distancing and refuse to work with them? If anyone knows anything about this I would appreciate it! The application says under review for two previous jobs before his current one. Depends on the state, but they should just read the application and apply if it seems like they may qualify. Thank you for the help! A: If you filed a claim in another state, but have since moved to New York State, the other state may require you to register and receive re-employment services with New York State. Like using a home-based day care provider? But my own situation is different so I wouldn’t blame anyone for thinking it’s horrible and not taking it. Hazelton said it’s still a little bit unclear who gets to decide what constitutes a “suitable” option and whether that is completely the parent’s discretion. As someone who works in HR, I’ve seen many posts all over from people who had hours cut but not fired who are upset they can’t file for unemployment and I try to inform them when I see it. Unfortunately for workers, Small noted, many companies are not obligated to provide those benefits. The only thing is the debt never, ever, ever goes away. 20% pay cut, not 30. Here, it was called the Shared Work Unemployment Compensation Program. Can a claimant receive benefits in Kansas while working a full-time job in another state? However, it is worth noting, that due to the current Coronavirus (Covid-19) pandemic, at time of publication, at least 27 states are temporarily waiving the job search requirement that is generally necessary in order to collect unemployment. It’s a much better option than an elderly relative who you’re putting at-risk or using an unlicensed program or a high school teacher who is convenient but not as safe.”, 2. Make sure all information is up to date and accurate. You should know that if your hours are cut due to coronavirus (or for any other reason), you can file for unemployment benefits in your state. We once cut back by exactly that, 20%, and they weren’t eligible but it’ll depend state to state and if there’s any special rulings in place in your area, etc. To register with New York State, please go to the nearest New York State Career Center office and ask them to register you for re-employment services. Any thoughts on what to do if you absolutely cannot get through to any site/person to file? That means you had to have a work study award of at least $3900 for that base year – you won’t be eligible if your work-study award was $2000 for the year or if it was $4000 for the year and you earned $1000 each quarter. Back in the day- before all this- the fact that you had future paychecks coming did not affect your eligibility for unemployment. If you’re an independent contractor, you’re not eligible for unemployment benefits, but a lot of people have been misclassified as independent contractors when, according to the law, they are in fact employees and should’ve been being paid as such. //bitter former New Jersey-ian who once spent several days in a row for literal hours a day on the phone trying to get through before the lines closed because the website didn’t allow her to file a claim//. Does anyone know if federal work-study employees are eligible? Be aware that some state unemployment websites are crashing because of how many people are applying, but keep trying. How much did you reduce to? If you are moving to another state in search for work, you will more than likely be able to keep your unemployment benefits. My experience with IL’s requirement for that is that it has been pretty lax. Just wondering how much an employer usually puts in. The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of Advance Local. If you are already collecting, notify the state paying your benefits of your new address and continue to claim through that state’s website as normal after you’ve moved. And our state typically has a 40% reduction requirement in order to be eligible but that has been waived to any percentage of loss due to COVID measures. Oh my god, can’t help, just commenting this is crazy. It may effect the amount you will receive. He has a job, he’s just on a company required LOA due to COVID 19. Our UI trust fund is healthy so we can float it for a while. Can someone advise us on applying for unemployment in Indiana from a non-profit catholic charity thrift shop? Constructive dismissal isn’t the same as illegal. Good luck. They can’t be both on staff and qualify for unemployment benefits. OH MAN don’t even get me started. California bases your unemployment rate on the highest earning quarter you had in the year ending at the end of the last quarter, so in this case the highest three month quarter in the year leading to last October 1 but if you waited till April 1 it would be the year leading to this January 1. Even with your paycut, you probably still make more than what UI would pay you and the benefit isn’t there to make up salaries unless your salary goes below that threshhold in which case you may be able to collect the difference (varies by state). AAAAAAAAHHHHH! Do I have to wait until April 15 to apply for unemployment? I’m a student who works part time and I don’t qualify for any benefits even though I got laid off and still have bills to pay! Certain employers are obligated to provide primary caregivers with benefits under the Families First Coronavirus Response Act. And there are two ways you can collect if you worked on the books. No, it would not make a difference. [Error 500: org.springframework.web.util.NestedServletException: Request processing failed; nested exception is java.lang.NullPointerException]. ... They’re doing everything they can to keep children safe because that keeps them safe. This is illegal, isn’t it? © 2021 Advance Local Media LLC. In CO, the upper income limit (prior to COVID) for applying for food/medical is now set at $75,000/yr. Deciding on edge cases is part of the UI system’s job. “For (those who aren’t covered by the FFCRA), there’s not a lot of relief that I can see in terms of paid relief under the law,” Small said. Some families, like those with at-risk family members in the house, might be more reluctant to look outside the home for childcare options. tank you for this allison! My husband once worked for a non-chain hardware store, and when business was bad, the owner wanted to lay him off so he could collect unemployment but also have him work a couple of days a week off the books . There’s a page on the NC site that lists all the COVID-related rules and is being updated regularly. The state, like most others, pays benefits for up to 26 weeks (6½ months). They cut hours in the two manufacturing plants, but the employees who were furloughed received benefits. Our state will not be using this Covid19 related layoffs to calculate the future tax rate but I’m not sure how widespread that policy is. Please don’t call and yell at people. Thanks in advance to anyone who has dealt with a similar situation and can provide insight! The calculation for the PUA is different than the medical leave. It allowed them to avoid layoffs. If so, would I need to re-apply? i kept a list of jobs i applied to, even anonymous craigslist posts, in case i got audited as well as other job-seeking activities, like working with career services from my university. 2. In general, workers who are offered their old job at the same wage but refuse to work will not continue to receive unemployment benefits unless they meet stated criteria (such as a primary caregiver with no suitable childcare options). My state allows that for certain industries (specifically NFP) even though the typical route is a UI tax based on salary. Don’t ignore anything unless told to, you can still submit that and put your current employer down as the search efforts. Individuals collecting benefits through the PUA would not receive healthcare benefits or job protection. The company should be reported if they try and pull this shit. This deduction (part of the “misc deduction” category on Sch A) went away with the tax reform act. Effing nightmare for everyone. This had the advantages of 1) my husband’s income wouldn’t drop and 2) the owner would have him a couple of days a week. I think it will just be a question of whether there’s another adult in the house who could care for the children.”. While many lawyers have been active in trying to interpret the new rules and regulations for the public, they frequently have noted that many scenarios are new and cautioned that there are many uncertainties to how scenarios will be viewed and rules will be applied. It’s also my understanding that temps can’t usually file for UI, even though I’m a W-2 employee of the staffing company; is that so? Was it more than 30 days would be entitled to another COVID-related rules and is being updated.... When Michael Jackson died, it practically took down the internet sounds almost backwards a was. For paying your benefits to people who are in a bind, especially since Gov ( the,. 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