unemployment determinatio0n

[paul behnke]

south carolina,

i filed for unemployment last year in november & was penalized 8 weeks on my benefits, my benefit year has ended and i have refiled for my benefits again, can they penalize me another 8 weeks since im still on the same claim with the same company, i had already served my 8 weeks penalty when i 1 st filed for benenfits, but had to refile when the benefit year ended , so the ? is can they penalize me another 8 weeks like they did the 1st time. I dont see how they can since the penaly has been server already.

 

[pattytx]

I'm not sure we have anyone here that is that expert in SC UI law (commentator may know generally).

Have you contact the commission and asked this question?

 

[commentator]

Were you still receiving a weekly check when your benefit year ended? In other words, after filing the claim last year (with the 8 week penalty) did you draw out the whole claim, then begin an extension, in other words, are you drawing now, and have you worked anywhere since you were laid off last year?

If you have been drawing all year, and have not worked anywhere else, you did have to file a new claim when your benefit year ended, but you will not be able to begin receiving it, not because of any 8 week penalty, but because you will not be eligible for the new claim until you have what is called "re-earnings." You will be eligible for whatever amount of extensions you have not used up yet to continue, but you had to file the new claim. It will now sit there in place until you have some reearnings from a covered employer and are laid off again.

Was the 8 week penalty based on the reason you left your job before filing, or was it based on a prior overpayment that they had to collect before your benefits could start being paid to you?

I gather from your question that you have signed up for the new claim and it is not being paid to you now for some reason. I agree with Patti, SC claims office is the only place you can get exact personalized information about your own claim. Generally, by my guess, it is not another "8 week penalty" that is holding up your benefits, but they will have to tell you for sure.