• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

unemployment benefits

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.



quincy

Senior Member
What is the name of your state, Dennis?

Does your question have anything to do with a workplace injury or worker’s compensation in addition to your presumed question about unemployment benefits?
 

Shadowbunny

Queen of the Not-Rights
FAR more information is needed if Dennis wants help. :)

Nah, I got this, thanks to the collective wisdom of all of our HR experts here I think I can answer the unasked:

  1. Yes, you should file.
  2. No, it won't cost you anything.
  3. Your employer doesn't have any say in whether you get UIC or not, it's up to the UI agency in your unknown state.
  4. If you quit, you lessen your chances of getting UI substantially, but there are exceptions.
  5. If this is in regards to an appeal, you don't need an attorney to go with you. Just tell your side.
  6. Do not go into any UI hearing with the notion of being the next Perry Mason. They don't need you to quote law at them, they just need to hear your side.
  7. If you have committed UI fraud, you need to 'fess up now and work with them to repay.
How'd I do? :cool:
 

quincy

Senior Member
Nah, I got this, thanks to the collective wisdom of all of our HR experts here I think I can answer the unasked:

  1. Yes, you should file.
  2. No, it won't cost you anything.
  3. Your employer doesn't have any say in whether you get UIC or not, it's up to the UI agency in your unknown state.
  4. If you quit, you lessen your chances of getting UI substantially, but there are exceptions.
  5. If this is in regards to an appeal, you don't need an attorney to go with you. Just tell your side.
  6. Do not go into any UI hearing with the notion of being the next Perry Mason. They don't need you to quote law at them, they just need to hear your side.
  7. If you have committed UI fraud, you need to 'fess up now and work with them to repay.
How'd I do? :cool:
You didn’t address the possible workplace injury and/or worker’s compensation issue but I think you covered the unemployment question about as well as it can be covered. Haha. :)
 

Shadowbunny

Queen of the Not-Rights
You didn’t address the possible workplace injury and/or worker’s compensation issue but I think you covered the unemployment question about as well as it can be covered. Haha. :)

Oh, pooh.... I missed the thread this is posted in. So let me see if I can address WC:

  1. If you were high/drunk when the injury occurred, your chances of successfully claiming WC is low.
  2. Yes, your employer can require a urine test after an accident.
  3. No, you can't get both UI and WC at the same time, because to be eligible for UI you must be able to work.
  4. Yes, you can be required to go to your employer's choice of doctors for examination*
  5. Yes, you can refuse to provide your employer with medical records that connect to your injury, but they can also choose to fire you if you do so. And that may make you ineligible for UI.
*edited to add the correction from cbg: #4 is state-specific.


How's that?!
 
Last edited:

Zigner

Senior Member, Non-Attorney
3. No, you can't get both UI and WC at the same time, because to be eligible for UI you must be able to work.
One thing to add: If the employee does receive some sort of public benefit that is later also compensated for by WC, then the entity that issued those funds will have a lien on any recovery (they will get paid back before the employee sees any money).
 

commentator

Senior Member
Nah, I got this, thanks to the collective wisdom of all of our HR experts here I think I can answer the unasked:

  1. Yes, you should file.
  2. No, it won't cost you anything.
  3. Your employer doesn't have any say in whether you get UIC or not, it's up to the UI agency in your unknown state.
  4. If you quit, you lessen your chances of getting UI substantially, but there are exceptions.
  5. If this is in regards to an appeal, you don't need an attorney to go with you. Just tell your side.
  6. Do not go into any UI hearing with the notion of being the next Perry Mason. They don't need you to quote law at them, they just need to hear your side.
  7. If you have committed UI fraud, you need to 'fess up now and work with them to repay.
How'd I do? :cool:
Perty good, Shadow, the only problem with any of this advice is that in almost every state, the system has been hit by a tsunami and is floundering badly. All bets are off, except that yes, you should file. And ONCE YOU HAVE SUCCESSFULLY FILED, YOU MUST MAKE A WEEKLY OR BI-WEEKLY CERTIFICATION FOR BENEFITS. That seems to be the most difficult concept for people using the on line system to notice and realize.

People who are in Florida are lining up to pick up paper applications because that So and So Rick Scott set out to totally destroy the unemployment system in that state, and he provided them with a newfangled system that has completely crashed and will accept no one. They should take it out of his hide personally, IMHO! He stated very proudly that they had made it much harder for people to get it done and file for unemployment benefits in Florida. Mississippi had cut the weeks, cut the staff, and had already the distinction of paying the least of any state in the nation. Now they are down, too.

New York and several others have gone down, though in most cases, they're still limping along and eventually will keep accepting and processing at least part of the claims that are filed. An article I read described the situation inside a claims office in some state, where they were gazing at an old 1980's system, with white print on a black background. I wish I had a nickel for every time I had to say, "Sir, I'm looking at a green screen here...."

I have been told that the system in my state is "...waiting for instructions and guidelines from the federal government." This is to figure out how to deal with the gig workers and self-employed people who've been promised benefits, and how to include the $600 onto the weekly checks. I would say there's no point in waiting to file your claim until they get it figured out. I do know that they have cancelled the waiting week (finally!) and that the workers have been told to "push 'em on through!" in other words, approve now, let God sort em out later. Also know that the Able and Available requirement, and the three places you've looked for work this week have been suspended. That's on the form.

But I feel lucky, all of my currently unemployed ones have had success in actually getting in to file a claim. No matter what state you are in, try very early in the morning. Try off hours. Persist. Keep applying. Keep submitting. Don't click repeatedly if the system is churning and churning as it attempts to process your claim. If you are trying to do it by telephone, begin very early. And be prepared to hold the phone, hold the phone, hold the phone. SOMEBODY is getting in, in most states. It might as well be you.

None of mine was a gig worker or self-employed person, so they did have, in their various states, monetary eligibility to set up a claim. And all of them totally failed to notice, while in doing all this, failed to realize that they were never going to get a check from the system unless they began, after the first Sunday through Saturday week had passed, to file a weekly certification for benefits. Mom has had to remind repeatedly.

Sigh. No time to worry about the law, the parameters, how it's gonna work, anything like this. It's going to be awfully messed up. Do what you can, and then try not to stress about it. Think about the possible benefits as something like pie in the sky. It may fall down where you can get it someday, but it isn't going to pay your May rent or buy your groceries any time soon, IMHO.
 
Last edited:

Shadowbunny

Queen of the Not-Rights
One thing to add: If the employee does receive some sort of public benefit that is later also compensated for by WC, then the entity that issued those funds will have a lien on any recovery (they will get paid back before the employee sees any money).
Wowzer -- that's graduate-level WC intel. Must add that to my "when we don't know what the question is" list!
 

cbg

I'm a Northern Girl
Oh, pooh.... I missed the thread this is posted in. So let me see if I can address WC:

  1. If you were high/drunk when the injury occurred, your chances of successfully claiming WC is low.
  2. Yes, your employer can require a urine test after an accident.
  3. No, you can't get both UI and WC at the same time, because to be eligible for UI you must be able to work.
  4. Yes, you can be required to go to your employer's choice of doctors for examination
  5. Yes, you can refuse to provide your employer with medical records that connect to your injury, but they can also choose to fire you if you do so. And that may make you ineligible for UI.
How's that?!
Item 4 is state specific but other than that well done!
 

Just Blue

Senior Member
Perty good, Shadow, the only problem with any of this advice is that in almost every state, the system has been hit by a tsunami and is floundering badly. All bets are off, except that yes,, you should file. And ONCE YOU HAVE SUCCESSFULLY FILED, YOU MUST MAKE A WEEKLY OR BI-WEEKLY CERTIFICATION FOR BENEFITS. That seems to be the most difficult concept for people using the on line system to notice and realize.

People who are in Florida are lining up to pick up paper applications because that So and So Rick Scott set out to totally destroy the unemployment system in that state, and he provided them with newfangled a system that has completely crashed and will accept no one. They should take it out of his hide personally, IMHO! He stated very proudly that they had made it much harder for people to get it done and file for unemployment benefits in Florida. Mississippi had cut the weeks, cut the staff, and had already the distinction of paying the least of any state in the nation. Now they are down, too.

New York and several others have gone down, though in most cases, they're still limping along and eventually will keep processin. An article I read described the situation inside a claims office in some state, where they were gazing at an old 1980's system, with white print on a black background. I wish I had a nickel for every time I had to say, "Sir, I'm looking at a green screen here...."

I have been told that the system in my state is "waiting on instructions and guidelines from the federal government." This is to figure out how to deal with the gig workers and self-employed people who've been promised benefits, and how to include the $600 onto the weekly checks. I would say there's no point in waiting to file your claim until they get it figured out. I do know that they have cancelled the waiting week (finally!) and that the workers have been told to "push 'em on through!" in other words, approve now, let God sort em out later.

But I feel lucky, all of my unemployed ones have success actually getting in to file a claim. None of them was a gig worker or self-employed person, so they did have, in their various states, monetary eligibility to set up a claim
This is awesome information .
 

Just Blue

Senior Member
I have to say that the OP, who posted only the words "unemployment benefits" in the WC forum, is darn lucky to have so many volunteers willing to answer his/her notaquestion. Good job, guy's!! :cool:
 

quincy

Senior Member
I have to say that the OP, who posted only the words "unemployment benefits" in the WC forum, is darn lucky to have so many volunteers willing to answer his/her notaquestion. Good job, guy's!! :cool:
Haha. It is indeed impressive. :)

I think any question Dennis might have had about unemployment benefits has been adequately answered despite the dearth of information provided.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top