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Can I claim unemployment after a week

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joblessagain

Junior Member
OK so heres the deal. I have had a small string of bad luck and I am sure I will pull out of it soon but I have questions for now.

I had a job in Florida for 2 years and voluntarily quit on 7/28/09 to move to New York for a new job.

Long story short that job fell through and I was never hired. I was hired at a new job 9/28/09 however there is already a chance because of a hiring freeze they may let me go. I am not sure why I was hired to begin with but whatever. Bad luck I know, but life is an adventure.

Question is Can I claim unemployment after only 2 weeks of working?

I thank anyone for their help!
 


pattytx

Senior Member
You could certainly file. Whether you'd get it or not is not something we can answer with any certainty. I would expect that the company in Florida from which you quit to protest your getting unemployment, or at least request relief from charges. And you would have to file in Florida if you open the claim by December 31, 2009, since the base period for the "wage lookback" period (for lack of a better term this early in the morning) would be July 1, 2009 through June 30, 2009.
 

commentator

Senior Member
Probably. Depends on several factors. First of all, stick with the new job until they die under you. Do not "go ahead and quit, since I'm about to get laid off anyhow." Unless you have a certainty of another new job, stay with them till you are legitimately let go through no fault of your own.

Then, if you are currently living in New York, file your claim in New York, but be sure and tell them about your Florida wages, the places you've worked in the last 2 years.

They will be pulling in all the wages you have made from covered employers in the last (roughly) 18 mo to 2 years. I would suspect most of those will be in Florida. If this is the case, you will be on a Florida unemployment claim, with the Florida maximum weekly benefit and everything. Yes, I know, New York pays lots more, but I really doubt if you'll have any covered New York wages yet. If you have previously set up a claim any time in the last year, you'll be on that same one, just re-opening it.

If you later decide to relocate back to Florida or wherever, you will be able to change the address your claim is coming to, and will register for work in the new state, but you will be carrying the same claim with you from state to state. You get one per benefit year, nation-wide.

The reason you left your last job is the reason you are or are not approved for benefits, as long as the last job was a covered unemployment tax paying employer and you were not a contractor. This does not consider how long you worked there, as long as you took the job with the assumption it would be an on-going (non temporary) job.

If it was taken as a temp. job, then there would be an earnings requirement to use it for a last place of employment. In other words, you can't be fired from one place, go out and work two days for your uncle Joe washing windows at his convenient market and then access your unemployment by being laid off by uncle Joe, see what I'm saying? You'd have had to stay with uncle Joe at least x number of weeks and made x amount of wages. But they will work all this out when you file your claim.

You may want to mention at the beginning of the filing that you think you will have an 'interstate' claim from Florida. This should get you into the hands of a perhaps more competent claims taker. Avoid on-line only, try to do this by phone, talk to a living being. Otherwise they may miss something, simply try to tell you you don't have enough wages to set up a claim in New York.

Incidentally, the company in Florida will be "non-charged" under these circumstances, even though theirs are the wages that will be used to set up the claim. (Florida is a non-charge state) So the person should have no problem with filing, it will not hurt the company in Florida that he quit. And they won't have any say about whether he gets to draw, being as they are not the separating employer. Being hired at this new job, even for a short time, has turned out to be a very good thing for this person.
 
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joblessagain

Junior Member
thank you!

Commentator, thank you very much for the advice. I plan to stick with the job as I love the work. I just don't want to be stuck living off my savings again. Thank you again for the prompt and detailed reply!
 

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