New York State-Eligibility for Unemployment Benefits

[LuckyG]

Hello all.....I live in New York state. Here is my situation and question regarding eligibility for benefits:

1) was downsized from a media firm at end of 2008 and was collecting unemployment benefits from Jan'09 - May'09. I was there for over 10 years.

2) was bored sitting at home (no luck getting a media job) and took a low level -low paying job way out of my field of expertise. I was over qualified to say the least.

3) I was laid off from this low paying job at the end of July (just over a week ago) due to lack of work. They told me they would not contest me applying for unemployment, but also stated they wanted me back in September just a few weeks from now).

My question is this: I really do not want to go back to this job. I did not like it. Is there any way for me to NOT have to return to this job and continue to collect unemployment and look for a job that is more in line with my field of expertise? Thanks in advance.

 

[pattytx]

Probably not. In this economy, sometimes we have to take jobs we don't like. If I were that employer, and my benefit reserve was being charged for your UI benefits (and that will happen at some point), I would protest such benefit charges if I had offered you work and you turned it down.

 

[LuckyG]

Thanks & understood. However I was thinking/hoping that b/c this new job paid just above min wage and was way, way below what I was earning in media, I could refuse and state that I was focusing on finding a job that fits my past career. Which I am actively doing now...looking for soemthing in my field.

 

[cbg]

That *might* have flown had you initially turned down the job. (Not even remotely guaranteed, but possible.) However, having now worked at the job until you were laid off, the state is going to wonder why it was acceptable before and not now, and may well decide that since it was acceptable work to you previously, turning it down now disqualifies you for benefits.

Commentator, your thoughts?

 

[LuckyG]

If I may respond: I was driving a school bus and A) did not realize how nervous I would be transporting children and B)some of the kids had behavior problems- aggresive, disruptive while driving. Thank you for your responses.

 

[commentator]

When you were laid off from the last job, which was the school bus driving job, that became your separating employer. The state unemployment system no longer recalls anything about your past job where you made a higher wage. You are laid off now from the school bus driving job, and if you refuse to go back to it, you are now officially not going to be eligible for benefits. Search hard for another job that you do like and can do, while you are doing this job you hate. The system does encourage you to take on lesser work, but once you do, and are laid off, that becomes your separating employer. No memory of your past many years as a higher paid whatever is factored in.

 

[pattytx]

No memory of your past many years as a higher paid whatever is factored in.

Unless you're still in the initial claim year. Then, even though the last employer was the separating employer, the amount received for benefits will not be recalculated. The recalculation comes only when a new claim is filed, and this would not be a new claim, it would be a continuing claim, since a claim is open (even though inactive) for one year.

Unfortunately, I have found out more about unemployment lately through personal experience than I ever wanted to know.

 

[LuckyG]

I am still within the initial claim year. Started receiving UI in Jan'09. My last claim prior to the bus job was in late May'09. So I worked for 2 months w/o UI (June-July).

 

[commentator]

Right, the original claim is good for one year, and it was based on wages made at the original separating employer's business. None of the money she is now drawing has been based on wages from the school bus driving job.

But the separating employer is always the last employer (as long as it was a covered employer) and the reason for leaving it is always considered. Even though she is drawing off a claim based on wages not from them, the school bus driving job is now considered the separating employer.

If she had quit or been fired from the school bus job, and had not been approved for benefits based on this circumstance, she would not be able to receive her benefits, even though they are in there and she still has weeks of money left on a claim and was legitimately laid off from her old job.

If she refuses recall to the school bus job, she is supposed to report this on her weekly certification, else she is committing fraud. It would then be investigated, and since they are now considered the separating employer, chances are very good that this would stop her benefits.

One very common mistake in judgment people make is that they "proudly" decide to take any job, even something very low paying or tough, such as the "delivering pizzas" deal that one financial advisor always recommends, not realizing that by taking that job, they have now made that their employer of record, so that if laid off again, they cannot any longer refuse all but a professional job in their field paying commensurate with what they were making in the past. In a way, it is better to put off taking that lower paying job until you are sure you don't have a chance of getting something similar to what you had in the past.

 

[LuckyG]

Thanks all. I guess in the end I am going to have to see if the bus comp. calls me for work like they said they would in the next few weeks. (I hope they don't). And if I choose not to answer the call, see if they persue it. Thank you.

 

[commentator]

Well, I hate to be a party pooper, more than I already am, but you realize that if they call you and offer you the job, and you refuse to come back, and you certify for that week of unemployment and the question is "Did you quit a job, refuse a job, or were fired from a job this week?" asked in some size shape or fashion, and you forget to mention that you were recalled by the bus company and either said no or did not return their calls, you are going to be committing fraud?

And since the bus company is seasonal employment, and I bet they have a big lot of employees who are drawing off of them during the summer (even though your benefits are not coming from their taxes right now) I would strongly suspect that they have a personal relationship with the unemployment office and do something called "new hire reporting" with every single person on their recall list. Which means they send the office notice that they have attempted recall and you either refused or did not respond.

Your claim will be checked, and if it shows that you are still drawing, haven't gone to work somewhere else, well, that's not good for you. Not only are your benefits stopped, you are overpaid for each week you drew after you refused the recall and this will be recouped.

What I'd suggest is that you very aggressively try to get a good job lead somewhere to a better job. Then be proactive. Call the bus company and tell them that you know they were getting ready to call some people back, and you wanted to let them know that you've got a hot job prospect for a job more in your field and you aren't interested in coming back. This may help you avoid a problem, as they did not actually call you up and offer you the job, so you do not lie on your weekly certification. And they may not report it as a "refused recall."

In the meantime, I really would be trying to find a better job than this, even if it's not your dreamjob. Because I'm pretty much afraid your drawing may be ending soon if you refuse this recall or dodge it by avoiding them.

 

[LuckyG]

"What I'd suggest is that you very aggressively try to get a good job lead somewhere to a better job. Then be proactive. Call the bus company and tell them that you know they were getting ready to call some people back, and you wanted to let them know that you've got a hot job prospect for a job more in your field and you aren't interested in coming back. This may help you avoid a problem, as they did not actually call you up and offer you the job, so you do not lie on your weekly certification. And they may not report it as a "refused recall." "

I was thinking about going down that road and that's what I am going to do on Monday morning.

"In the meantime, I really would be trying to find a better job than this."

Yes, that is what I am working on.

Thank you again.