Why am I being rejected for unemployment
June 10, 2011 9:14 AM Subscribe
I have a question about qualifying for New York State unemployment.
I honestly cannot make sense of any of this.
I work for a company in NYS from 2/18-5/31. I filed for unemployment on 6/6 as instructed by the unemployment website. I got documentation in the mail today saying I do not qualify because I:
1: "Did not work and earn wages in at least two calendar quarters"
2: "Not paid at least $1600 in one of the quarters"
A complicating factor might be that I was not paid with a paystub from 2/18 to 2/28, just a check without withholding in it. So on record I worked from 3/1-5/31. However, I seem to fulfill both of their objections since I worked from 4/1 to 5/31 and earned more than $1,600 in both quarters. The claim seems to only go up to 3/31. There is nothing in it about the quarter in progress ending 6/30.
In the request for reconsideration, there is nowhere to put wages earned from 4/1-6/30. Do I have to wait to file a claim until the quarter ends? Does being rejected now prevent me from collecting it later? I seem to meet their requirements but am being rejected.
Thanks for your help.
I honestly cannot make sense of any of this.
I work for a company in NYS from 2/18-5/31. I filed for unemployment on 6/6 as instructed by the unemployment website. I got documentation in the mail today saying I do not qualify because I:
1: "Did not work and earn wages in at least two calendar quarters"
2: "Not paid at least $1600 in one of the quarters"
A complicating factor might be that I was not paid with a paystub from 2/18 to 2/28, just a check without withholding in it. So on record I worked from 3/1-5/31. However, I seem to fulfill both of their objections since I worked from 4/1 to 5/31 and earned more than $1,600 in both quarters. The claim seems to only go up to 3/31. There is nothing in it about the quarter in progress ending 6/30.
In the request for reconsideration, there is nowhere to put wages earned from 4/1-6/30. Do I have to wait to file a claim until the quarter ends? Does being rejected now prevent me from collecting it later? I seem to meet their requirements but am being rejected.
Thanks for your help.
Response by poster: I can't even get to a menu that gives me that opportunity to someone.
posted by cuban link flooded jesus at 9:38 AM on June 10, 2011
posted by cuban link flooded jesus at 9:38 AM on June 10, 2011
Response by poster: ....to talk to someone.
posted by cuban link flooded jesus at 9:38 AM on June 10, 2011
posted by cuban link flooded jesus at 9:38 AM on June 10, 2011
You may want to go to a physical office and wait to speak with someone there in person, and bring along all your documentation. You should check through their website for open office hours, or how to schedule an appointment.
posted by rich at 9:42 AM on June 10, 2011
posted by rich at 9:42 AM on June 10, 2011
I'm in MA and was on unemployment until a few months ago. It may work differently in NY, but in MA it works like this:
Unemployment benefits are based on 4 quarters of work. I was working until the end of June of 2010, so when they calculated my benefits they were based on the previous four quarters being:
April - June of 2009
July - September of 2009
October - December of 2009
January -March of 2010
The current quarter of April - June 2010 was not included in calculating my unemployment for the following year, it would be included if I were to still be unemployed in June 2011, which I am not. So, what they did was took the 2 quarters above in which I earned the most and based my benefits on those earnings.
Did you work prior to this job? Check the NYS unemployment website for an explanation of how they calculate. I'm guessing it's similar to what MA does.
posted by Sal and Richard at 10:01 AM on June 10, 2011
Unemployment benefits are based on 4 quarters of work. I was working until the end of June of 2010, so when they calculated my benefits they were based on the previous four quarters being:
April - June of 2009
July - September of 2009
October - December of 2009
January -March of 2010
The current quarter of April - June 2010 was not included in calculating my unemployment for the following year, it would be included if I were to still be unemployed in June 2011, which I am not. So, what they did was took the 2 quarters above in which I earned the most and based my benefits on those earnings.
Did you work prior to this job? Check the NYS unemployment website for an explanation of how they calculate. I'm guessing it's similar to what MA does.
posted by Sal and Richard at 10:01 AM on June 10, 2011
According to the FAQ website for the NYS Department of Labor it says the following few things:
Q: What employment do I need to qualify for benefits?
A:
1. You must have worked and been paid wages for work in at least two calendar quarters in your base period,
AND
You must have been paid at least $1,600 in wages in one of the calendar quarters in your base period,
AND
The total wages paid to you in your base period must be one and one-half times your high quarter wages.
We use no more than $8,910 of your high quarter earnings to determine if you qualify. You must have earned at least half that amount ($4,455) in the other base period quarters.
If you qualify using the Basic base period, we use that period to establish your claim.
2. If you do not qualify in the Basic base period, we will calculate using the Alternate base period.
3. If you qualify under the Basic base period, you may think that using the Alternate base period would give you a higher benefit rate. You can ask us to recalculate your rate using the Alternate base period. You have 10 days from the date of the initial notice to make the request.
4. If you do not qualify using either base period
AND
You received Workers' Compensation payments
OR
Volunteer Firefighters' benefits during the Basic base period,
THEN
We may extend the Basic base period back up to 2 calendar quarters. This will depend on how many base period quarters you received these benefits.
5. If you do not qualify in any of these base periods,
AND
You worked for pay in the calendar quarter when you filed,
AND
You are still unemployed after that quarter ends,
AND
You think that you may qualify using the latest work,
THEN
You should apply again for benefits after this calendar quarter ends.
Then further down in the FAQ it talks about how the calendar quarters:
Q: How is my weekly benefit rate determined?
A: We calculate your original benefit rate based on your actual high calendar quarter* wages. Your weekly benefit rate is 1/26 of the high quarter wages paid to you in your base period.
Exception: if your high quarter wages are $3,575 or less, your weekly benefit rate is 1/25 of your high quarter wages. The rate applies wages to the quarter when your former employer paid them (not when you earned them). The current maximum weekly benefit rate is $405.
We establish your entitlement and benefit rate with information that your employers report to the New York State Wage Reporting system. We will send you an initial Monetary Determination based on this.
If you qualify, the Monetary Determination will show your weekly benefit rate.
If you do not qualify, the Monetary Determination will explain why. It will also tell you what to do if the wages on the form are wrong or if your employment and earnings are missing.
We must reduce your weekly benefit payment by one-quarter for each day you work or are not eligible. If you earn over $405 in any week, no matter how many days you worked, you cannot receive benefits for that week.
* A calendar quarter is the 3 month period beginning with January, April, July, and October.
1st calendar quarter: January 1 through March 31
2nd calendar quarter: April 1 through June 30
3rd calendar quarter: July 1 through September 30
4th calendar quarter: October 1 through December 31
Have you seen the above information before and does this still not add up to why your claim was denied?
I agree with what Sal and Richard just wrote above too. I'm in WA state and the unemployment here works the same as he mentioned in his state -- the benefit "year" is actually way further in the past for benefit calculations than recent months. I can't find anything on the NYS website that talks about this though, other than what I just posted above, so my advice is to figure out how to get someone on the phone to actually talk to. Is there any information in your paperwork about filing an appeal? If so, start there. And did you work at any job prior to the current one you mentioned in your question? If not, that could be a factor, but I can't say for sure based on the information I'm finding on the website.
posted by katy song at 10:14 AM on June 10, 2011
Q: What employment do I need to qualify for benefits?
A:
1. You must have worked and been paid wages for work in at least two calendar quarters in your base period,
AND
You must have been paid at least $1,600 in wages in one of the calendar quarters in your base period,
AND
The total wages paid to you in your base period must be one and one-half times your high quarter wages.
We use no more than $8,910 of your high quarter earnings to determine if you qualify. You must have earned at least half that amount ($4,455) in the other base period quarters.
If you qualify using the Basic base period, we use that period to establish your claim.
2. If you do not qualify in the Basic base period, we will calculate using the Alternate base period.
3. If you qualify under the Basic base period, you may think that using the Alternate base period would give you a higher benefit rate. You can ask us to recalculate your rate using the Alternate base period. You have 10 days from the date of the initial notice to make the request.
4. If you do not qualify using either base period
AND
You received Workers' Compensation payments
OR
Volunteer Firefighters' benefits during the Basic base period,
THEN
We may extend the Basic base period back up to 2 calendar quarters. This will depend on how many base period quarters you received these benefits.
5. If you do not qualify in any of these base periods,
AND
You worked for pay in the calendar quarter when you filed,
AND
You are still unemployed after that quarter ends,
AND
You think that you may qualify using the latest work,
THEN
You should apply again for benefits after this calendar quarter ends.
Then further down in the FAQ it talks about how the calendar quarters:
Q: How is my weekly benefit rate determined?
A: We calculate your original benefit rate based on your actual high calendar quarter* wages. Your weekly benefit rate is 1/26 of the high quarter wages paid to you in your base period.
Exception: if your high quarter wages are $3,575 or less, your weekly benefit rate is 1/25 of your high quarter wages. The rate applies wages to the quarter when your former employer paid them (not when you earned them). The current maximum weekly benefit rate is $405.
We establish your entitlement and benefit rate with information that your employers report to the New York State Wage Reporting system. We will send you an initial Monetary Determination based on this.
If you qualify, the Monetary Determination will show your weekly benefit rate.
If you do not qualify, the Monetary Determination will explain why. It will also tell you what to do if the wages on the form are wrong or if your employment and earnings are missing.
We must reduce your weekly benefit payment by one-quarter for each day you work or are not eligible. If you earn over $405 in any week, no matter how many days you worked, you cannot receive benefits for that week.
* A calendar quarter is the 3 month period beginning with January, April, July, and October.
1st calendar quarter: January 1 through March 31
2nd calendar quarter: April 1 through June 30
3rd calendar quarter: July 1 through September 30
4th calendar quarter: October 1 through December 31
Have you seen the above information before and does this still not add up to why your claim was denied?
I agree with what Sal and Richard just wrote above too. I'm in WA state and the unemployment here works the same as he mentioned in his state -- the benefit "year" is actually way further in the past for benefit calculations than recent months. I can't find anything on the NYS website that talks about this though, other than what I just posted above, so my advice is to figure out how to get someone on the phone to actually talk to. Is there any information in your paperwork about filing an appeal? If so, start there. And did you work at any job prior to the current one you mentioned in your question? If not, that could be a factor, but I can't say for sure based on the information I'm finding on the website.
posted by katy song at 10:14 AM on June 10, 2011
Also, scroll through this page and read the sections "What should I do if I disagree with the Monetary Determination?" and "What if I think my rate will be higher using the alternate base period?" - both near the top.
posted by katy song at 10:20 AM on June 10, 2011
posted by katy song at 10:20 AM on June 10, 2011
Yes, there is an appeal system, which you must now enter. It... takes a little bit. And some paperwork.
To get through to someone on the phone, you literally have to wait for HOURS. It is really incredible. You put it on speaker and sit by your phone whilst doing whatever.
Once you get someone on the phone, do not get off the phone until you understand EVERYTHING about what you must do and your situation.
posted by RJ Reynolds at 10:20 AM on June 10, 2011 [1 favorite]
To get through to someone on the phone, you literally have to wait for HOURS. It is really incredible. You put it on speaker and sit by your phone whilst doing whatever.
Once you get someone on the phone, do not get off the phone until you understand EVERYTHING about what you must do and your situation.
posted by RJ Reynolds at 10:20 AM on June 10, 2011 [1 favorite]
Can't add anything help on whether you're eligible for unemployment or not. But if you aren't able to get to (or don't want to wait forever there) physical Unemployment Office for whatever reason, you can keep calling their phone number like young-rope-rider suggested. A really great site that tells you how to avoid listening to all the irritating voice prompts that get you nowhere is GetHuman. There are some tips there from people who have gotten through to an actual person, including which numbers to press.
I always press 0 repeatedly but unfortunately some places won't put you through automatically and make you restart the whole process if you press 0.
posted by lovelygirl at 10:22 AM on June 10, 2011
I always press 0 repeatedly but unfortunately some places won't put you through automatically and make you restart the whole process if you press 0.
posted by lovelygirl at 10:22 AM on June 10, 2011
Best answer: I finally figured out how to get through to someone. Took a few hours.
Basically I cannot use earning from a quarter in progress, so I have to refile in July. Thanks for your help everyone.
posted by cuban link flooded jesus at 10:23 AM on June 10, 2011 [1 favorite]
Basically I cannot use earning from a quarter in progress, so I have to refile in July. Thanks for your help everyone.
posted by cuban link flooded jesus at 10:23 AM on June 10, 2011 [1 favorite]
This thread is closed to new comments.
posted by cuban link flooded jesus at 9:29 AM on June 10, 2011