Unemployment benefits laws

[sm52]

What is the name of your state (only U.S. law)? NY

Hi so I tried to file a claim for unemployment outside of the US not realizing that this was not allowed. I was only gone for a couple of days. So when I went to submit it, it gave me a message screen saying that I couldn't file because I was out of country, so I simply closed it out until I got back to NY. So I logged on and it and it has an option to file the claim for still for same week. I don't want to get in any more trouble than I already may be in, if any. What is the best option in this case, should I call them and find out what is the next step? Should I file it again answering the questions in a different way? Should I wait to just certify next week or the following week since that would be the first full I am in NY? What should I expect from them? I was also thinking of just stop filing so they can completely close my case but I am not sure if that would free me from any repercussions. I'm also in the 599 program which exempted me from looking for work because I am attending school.

 

[cbg]

You're not in any trouble. You just don't get any benefits for the weeks you are out of the country.

When you return to NY, start filing again. No problem.

 

[sm52]

Wow that's relieving, thank you. So If I was gone 2 days of this week, I should not claim for this week either? That would be 2 weeks without filing, would I have to re-certify?

 

[cbg]

If you were only gone for two days this week, you can file for this week. I'm sorry if I misunderstood you.

 

[commentator]

Any break in the claim of more than a full week without filing for benefits will mean that you need to reopen the claim before the system will let you file for another week of benefits. If you were gone only two days(???) it would actually let you certify, I suspect. I gather from your post that you didn't file for last week? That's the week you would be filing for when you certified on Sunday, Monday or Tuesday of this week? Confusing.

What you can do is go into the telephone system, hold the line as long as you need to, and speak to a person, and explain the situation fully. They'll look at your claim, listen to your situation, and tell you exactly how to deal with it. It's actually a very common situation. Don't sit around and solicit comments or opinions from people on the internet before calling, because we can't tell you anything for sure. Call tomorrow, because they'll be closed next Monday. Start early, be patient, and let them deal with it.

You may have to miss the week (s) you were out of the country, but you should, if you are in school and exempt from job search, be able to continue to draw with no problems. You may actually be eligible for the week(s) of unemployment while you were out of the country, if it was during a school break and you are still a student in good standing. When you are in school, through an approved program, you are not required to look for work. The problem with being out of the country is usually that you were not, during that time you were gone, able, available and actively seeking work, not just that you were on foreign soil. But the unemployment system workers are the ones who can explain it to you. Never filing again just to be on the safe side would be on beyond sillly of you.

 

[sm52]

Okay great. thank you. Would you advise calling to let them know I am back or is this not necessary and filing claim on Sunday should suffice?

 

[commentator]

Try to file the claim. if it works, you're good. If not, you'll have to call the office and discuss the situation with someone and possibly have to reopen the claim. As far as "letting them know you're back" that's pretty illogical. How would they have known you were gone? This is a case where confession isn't the best idea if it can be avoided. You're not committing fraud.

 

[sm52]

They would know I was out of the country when I tried to file and the message popped up that I could not file. Or do they not really monitor stuff like that?

 

[cbg]

It hasn't flagged your file - THIS PERSON HAS LEFT THE US - MONITOR FOR FRAUD, if that's what you mean. The IP address that you were filing from would likely have triggered the response. That doesn't mean someone has taken note of it and will be looking at a record that has you listed as having left the country.

 

[commentator]

Most automated unemployment systems will not let you call in out of state or out of country unless you use a special number. It can be done, but not on the same number they have you call in on in state. Sometimes the internet certification system will not work on some networks. But that doesn't mean they have flagged you personally or that they are paying very much attention to your individual claim. Likewise, if you stop filing for a week, there is a break in your claim, they just don't pay you, and in order to restart the claim, you must call and reopen it. They won't call and check on you or anything. They just assume you don't need the $$ any more, like maybe you've gone to work somewhere, or died or whatever.