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  1. #1
    Join Date
    Feb 2010
    Posts
    3

    Default Filing for Unemployment with Two Different Prior Employers - Do You Get Two Claims

    My question involves unemployment benefits for the state of: New York

    Okay so here is my situation. Early January of 2010 i was let go from my Full Time Job for "Lack of Work". Honestly the company just needed to get rid of some people because the work load was becoming very light and they had too many employees in my DEPT. I was not the only one let go within that day / week. So i go and file for Unemployment Insurance and start looking for a job immediately because i like everyone have bills to pay and travel to school 3 days a week. So i receive a portion of my first Unemployment Benefits but nothing close to what the Weekly Benefit Rate was. I waited and claimed for the next week and nothing. Finally like two weeks later i get a letter in the mail stating my job is fighting my unemployment benefits for being late? Hmmm i would like to see how they will fight this due to the fact i was not late but okay.

    Anyway i was curious on how long these things take? I filled out this paper work Dept of Labor sent me and faxed it over but there is no number or anything i can call to see whats going on. Its been about another week and a half and i could really use some insight on whether i will have to go to a hearing or whatever the case may be.

    I was wondering that in the mean time could i file an additional Claim against my prior employer ( the company i worked before this last one ) because i was let go for no real reason. I just got called in the office one day and they said they were down sizing due to the economy ( this was back in early March 2009 ). I never bothered to file for Unemployment because I am not looking to just sit back and collect money. I looked actively for a job like I am currently doing and was lucky enough to find one at the end of March 2009. So do you think i could file a claim against them for now? I mean since i do not know how long this is going to take with my other employer and DEPT of LABOR which is "Pending Investigation". Or will this not go through?
    Is there any limit to how long you can file for unemployment after being let go from a job? The only reason i never filed for it originally was because I found a job within a month.

    Lets say my unemployment stops due to this investigation and they deny me for some reason. Would i be eligible to collect or even make a claim through my prior employer back in March 2009?

    If you catch my drift could you help me out a little bit. As you can see I am not fully understanding this process and could use any kind of advice.

    Thanks

    Chris

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    17,816

    Default Re: File Two Claims for Two Different Prior Employers

    It doesn't work that way.

    You don't get benefits from one employer, and then if those are denied you go back to your next employer. Your TOTAL wages for all employers within the look-back period are averaged and your benefits amount is determined from that. The reason you left your most recent employer is the ONLY one that determines your qualification. State law MIGHT require that the accounts of prior employer's be charged, but ONLY your most recent employer is important when it comes to whether you qualify or not. If you are turned down for benefits based on the reason your most recent employment ends, then that's the ball game, barring any appeals. You don't get to go back to prior employers and see if the UI commission likes your reason for leaving them better.

    Sorry.

  3. #3
    Join Date
    Feb 2010
    Posts
    3

    Default Re: Filing for Unemployment with Two Different Prior Employers - Do You Get Two Claim

    Thank you for the timely response.

    I understand what you are saying. I just thought that i have herd of people being able to claim benefits for prior employers if there most current employer was fighting unemployment. Thank you for clearing that up though. Quick question. The look back period you are referring to is stated on a form i was sent. It has both employers that i was referring to above and it adds up all four quarters and gives me a total base period wage. But when it comes to unemployment they only count the high quarter wage? and do there calculations using that. Is this correct?

  4. #4
    Join Date
    Dec 2007
    Posts
    2,360

    Default Re: Filing for Unemployment with Two Different Prior Employers - Do You Get Two Claim


  5. #5
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    17,816

    Default Re: Filing for Unemployment with Two Different Prior Employers - Do You Get Two Claim

    I don't know what you heard, but I think you are confusing former employers being charged, which does happen in some (but not all) states, with being able to file a separate claim against a prior employer if the claim agains tthe most recent employer is denied. In NO state is that a possibility.

  6. #6
    Join Date
    Feb 2010
    Posts
    3

    Default Re: Filing for Unemployment with Two Different Prior Employers - Do You Get Two Claim

    Understood. Thank you CBG for the great and timely advice. Really appreciate it.

    I was reading through a form i have and it says that if through this employer it is denied due to there contesting it. That my unemployment would stop ( which it already has pending the investigation ) or they would recalculate my weekly benefit rate.

    Now this is where i think i was wrong. I now understand i could not make TWO separate claims for TWO separate employers. But since my breakdown used for my Unemployment rate now includes my Last two former employers both in different quarters, would they reflect off of my prior employers quarterly's instead of the one they are using now. That's all an IF this current employer wins a hearing somehow.

    Does this change the outcome to your answers in any sort of way?

    If not thank you soo much for the help and clearing all this up. Wisdom is power.

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