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  1. #1
    Join Date
    Jan 2013
    Posts
    4

    Default Can You Resume Unemployment if you Take then Quit a New Job

    My question involves unemployment benefits for the state of: NYS

    Here's my altercation.....i worked for Applebee's for 3 years but i got fired from there about a year ago, and decided the collect and file for unemployment, i was approved. Now in order to keep my benefits you have to search for work, i have and i got hired by another restaurant in the beginning of September 2012 and ive been collecting unemployment without a problem up until when i got this........and today i decided to quit from the restuarant i recently got hired from.

    I received this notice in the mail today: 1/16/2013

    You must return this form within 7 days of the date mailed or all your future benefits will stop. The date mailed is 01/08/13 (and today is 1/16/2013 which is 8 days from the mailed date i don't understand why would i recieve this now?)......anyways you recently certified for unemployment benefits for the week ending 01/06/13. Since you claimed partial benefits, or did not claim benefits for the week ending, 12/30/12, please complete this form and return in to the address above.

    There are 2 questions to answer:

    First Questions:
    1. I did NOT claim benefits that week because of: Illness/Out Of Area/Vacation/Other......now i can't answer that question because i did claim partial benefits on that date 12/30/12, it says so on the records.

    Second Question:
    2. The break in my claim was due to employment. Most recent employer.
    Indicate your last day worked prior to 01/06/13:
    Indicate your reason for seperation: Quit/Discharged/Lack Of Work/Strike/Other (explain).....Now i'm guessing i have to put the restuarant i recently got hired from, which was last year, but today i decided to quit from this place due to numerous reasons. Will that stop my benefits and payments? Or what if i don't fill out the form and return it....?

    i don't know what to do.....thanks in advance.

  2. #2
    Join Date
    Mar 2012
    Posts
    1,360

    Default Re: Break in Claim for Nys Dept of Labor

    Even with a valid claim, you can't take a job, and then quit that new job and expect to go right back on to your UI claim. The new job creates it's own separation issue, and you can be out the paycheck and any left over UI benefits that you had coming.

    Regarding the first question, it doesn't matter much what you write because it's why you quit that job that is going to be determining your fate.

  3. #3
    Join Date
    Jan 2013
    Posts
    4

    Default Re: Break in Claim for Nys Dept of Labor

    but i was still on my UI claim collecting partial benefits even with my new job, and i thought i was still on the UI claim collecting payments with my old job since thats what i filed for in the first place, i didn't think once i started another job, my old claim would get overided by my new job, it doesn't make sense, wouldn't i have to file a claim for the job i quit. And i also don't understand why quiting your job or getting fired determines your eligibility, regardless your still out of a job. So i guess your saying i can't collect payments anymore? if so what should i do now...?

  4. #4
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Break in Claim for Nys Dept of Labor

    Quote Quoting jj88
    View Post
    but i was still on my UI claim collecting partial benefits even with my new job, and i thought i was still on the UI claim collecting payments with my old job since thats what i filed for in the first place, i didn't think once i started another job, my old claim would get overided by my new job, it doesn't make sense, wouldn't i have to file a claim for the job i quit. And i also don't understand why quiting your job or getting fired determines your eligibility, regardless your still out of a job. So i guess your saying i can't collect payments anymore? if so what should i do now...?
    Did you inform Unemployment of your new job and therefore that's why you were receiving partial benefits?...or were you still receiving benefits because you did not report your new job? If you didn't, you have a problem.

  5. #5
    Join Date
    Jan 2013
    Posts
    4

    Default Re: Break in Claim for Nys Dept of Labor

    Quote Quoting llworking
    View Post
    Did you inform Unemployment of your new job and therefore that's why you were receiving partial benefits?...or were you still receiving benefits because you did not report your new job? If you didn't, you have a problem.
    yes i did inform and UI was aware of my new job, keep in mind this was a part time job, i only worked 2 days a week, and there were some weeks and days i didn't even work at all, one of the reasons why i quit and thats when i recieved the full payment when i claimed i worked 0 days.

  6. #6
    Join Date
    Mar 2009
    Location
    Michigan
    Posts
    6,808

    Default Re: Break in Claim for Nys Dept of Labor

    In order to collect partial UI and quit a job....well, laws vary by state, so take time to read that booklet they gave you or the online version.

    Usually, you can only quit within a certain time period (Michigan is 90 days) with very good cause (you took a job that is unsuitable - in other words, a new career field, more than 50 miles longer drive to work, or the job pays significantly lower than your last job).

    Since you are working a restaurant job - well, you were working at Applebee's, so unless you went from Host to Chef - "unsuitable work" is not going to fly.

    Didn't file for one week due to illness, out of area, vacation - when you are on U.I. you cannot take any time time. They don't care if all 10 of your kids are dying - you are reporting to work. Now if work scheduled you for 0 hours on their own, that's a different thing.

    Quitting the job you had without good reason = shooting yourself in the foot big time.

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