Unemployment Qualification?

[Alice Meichi 0]

My husband got fired on Monday and the subject of collecting unemployment has been thrown around. Our situation is a bit different from ones I've read before in this situation, so I wanted to hear some feedback? Here's the run-down:

We live and work in NYC.

He's worked at a retail store for about 3 months.. 2 of those months, he was under his temporary EAD. 1 month his employer let him stay working there before he got his green card and renewal EAD. He received his renewal EAD on Friday (approved on the 5th), and was fired 3 days later. The employer refused to update his employment information with the new green card/EAD information before he was fired.

He was forced to sign a form stating inaccurate and subjective reasons for his being fired, under the threat of not receiving his final paycheck. The reasons include a very vague (and contrived) explanation of him not being "fit" for the job.

Is he eligible to file for unemployment? If so, would we get trouble for him working in the gap between EADs? Would the inaccurate form he was forced to sign come into play?

[payxibka 10,044]

eligibility is state dependant... look to your appropriate state agency for the answer... he can always file... his eligibility will be determined then

[Alice Meichi 0]

eligibility is state dependant... look to your appropriate state agency for the answer... he can always file... his eligibility will be determined then

Thank you. Do you know anything about whether or not we'd get into trouble for him working in the 1-month gap between EADs?

[Otto 83]

My husband got fired on Monday and the subject of collecting unemployment has been thrown around. Our situation is a bit different from ones I've read before in this situation, so I wanted to hear some feedback? Here's the run-down:

We live and work in NYC.

He's worked at a retail store for about 3 months.. 2 of those months, he was under his temporary EAD. 1 month his employer let him stay working there before he got his green card and renewal EAD. He received his renewal EAD on Friday (approved on the 5th), and was fired 3 days later. The employer refused to update his employment information with the new green card/EAD information before he was fired.

He was forced to sign a form stating inaccurate and subjective reasons for his being fired, under the threat of not receiving his final paycheck. The reasons include a very vague (and contrived) explanation of him not being "fit" for the job.

Is he eligible to file for unemployment? If so, would we get trouble for him working in the gap between EADs? Would the inaccurate form he was forced to sign come into play?

Q: What employment do I need in order to qualify for benefits?

A: To qualify for benefits:

You must have worked and been paid wages for employment in at least two calendar quarters in your base period,

AND

You must have been paid at least $1600 in wages in one of the calendar quarters in your base period,

AND

The total wages paid to you in your base period must be one and one-half times your high quarter wages. The amount of high quarter earnings used to determine if you meet this requirement will not be greater than $8,910. Earnings in the other base period quarters must total at least one-half of $8,910, or $4,455.

Source

[payxibka 10,044]

eligibility is state dependant... look to your appropriate state agency for the answer... he can always file... his eligibility will be determined then

Thank you. Do you know anything about whether or not we'd get into trouble for him working in the 1-month gap between EADs?

Not with the unemployment folk as they are a state agency.... I have no idea how they interact with the feds.... now that he has authorization they might not ever put 2 & 2 together

[Damian P 92]

Hang on, I'm confused here: I thought we (as new immigrants) weren't allowed to claim unemployment, or any other benefits for that matter. Isn't that why we have to be sponsored? So we don't become a "public charge?"

[payxibka 10,044]

Hang on, I'm confused here: I thought we (as new immigrants) weren't allowed to claim unemployment, or any other benefits for that matter. Isn't that why we have to be sponsored? So we don't become a "public charge?"

in most if not all states, unemployment is a state agency administered but employer funded benefit and not a federal government sponsored "means tested" benefit.

Edited September 17, 2008 by fwaguy

[Damian P 92]

Hang on, I'm confused here: I thought we (as new immigrants) weren't allowed to claim unemployment, or any other benefits for that matter. Isn't that why we have to be sponsored? So we don't become a "public charge?"

in most if not all states, unemployment is a employer funded benefit and not a government sponsored "means tested" benefit.

OK, that answers one question, but poses another: what exactly do you mean by "employer funded?" This guy's just been fired, right? So he has no employer now, right? So who funds his unemployment? The employer that just fired him!!??

[payxibka 10,044]

OK, that answers one question, but poses another: what exactly do you mean by "employer funded?" This guy's just been fired, right? So he has no employer now, right? So who funds his unemployment? The employer that just fired him!!??

Employer funded means that as any active employee earns his/her wage... this is reported to the state agency and a fee is assesed and a contribution is determined and "funded" to the agency....

For example: John Q Public worked during Q1 and earned $10,000. The employer is required to fund x% (say 1%) of JQP's wages to the fund. The employer then sends $100 based on JQP's wage. The same is done for each and every active employee.... When an employee involuntarily terminates at some point in the future, then based on his/her employment earnings/longevity will determine eligibility for a benefit and the amount of that benefit. In theory this is a self-funded, self supporting benefit and is not to be supplemented by other tax dollars

Edited September 17, 2008 by fwaguy

[DI&JR 1]

Hang on, I'm confused here: I thought we (as new immigrants) weren't allowed to claim unemployment, or any other benefits for that matter. Isn't that why we have to be sponsored? So we don't become a "public charge?"

in most if not all states, unemployment is a employer funded benefit and not a government sponsored "means tested" benefit.

OK, that answers one question, but poses another: what exactly do you mean by "employer funded?" This guy's just been fired, right? So he has no employer now, right? So who funds his unemployment? The employer that just fired him!!??

Employers in New York state pay into the state unemployment insurance fund. He would not be paid unemployment directly from his former employer.

For the OP, it doesn't sound, to me, that he has worked long enough to be eligible if he has only worked 3 months - as Karin und Otto said above.

I'm a little more concerned about this paragraph: "He was forced to sign a form stating inaccurate and subjective reasons for his being fired, under the threat of not receiving his final paycheck. The reasons include a very vague (and contrived) explanation of him not being "fit" for the job."

New York is an employment-at-will state, so an employer doesn't have to give a reason for termination, but - I don't think they can threaten to withhold final pay. Not sure if this is something the state Department of Labor would handle, or the US DoL.

Here is general contact information for New York state:

http://www.labor.state.ny.us/agencyinfo/aicontactus.shtm

and here is the US Department of Labor:

http://www.dol.gov/dol/contact/index.htm

If you think he was being discriminated against as an immigrant, here is a link to the Department of Justice Office of Special Counsel:

http://www.usdoj.gov/crt/osc/

I hope this helps.

[Mononoke28 134]

This is why so many employers make it a living hell to work at their company so they don't have to fire anyone because in many cases they have to chip into the unemployment bucket. Also, this is why so many employees refuse to quit, because they know that they will most likely receive unemployment benefits for a few months if they think they qualify.

Diana

Edited September 17, 2008 by Mononoke28

[payxibka 10,044]

This is why so many employers make it a living hell to work at their company so they don't have to fire anyone because in many cases they have to chip into the unemployment bucket. Also, this is why so many employees refuse to quit, because they know that they will most likely receive unemployment benefits for a few months if they think they qualify.

Diana

Well all employers must chip in but they certainly can affect the "experience" rating and cause it to go down if they have few or no claims...

[desert_fox 32]

He was forced to sign a form stating inaccurate and subjective reasons for his being fired, under the threat of not receiving his final paycheck. The reasons include a very vague (and contrived) explanation of him not being "fit" for the job.

Is he eligible to file for unemployment? If so, would we get trouble for him working in the gap between EADs? Would the inaccurate form he was forced to sign come into play?

He was forced???

It is against the law to not pay earnings....they cannot withhold it.

For umemployment, there is usually a waiting period if the person was fired for cause.....which he evidently agreed to some reason.

Don't know about NY requirements.

Edited September 17, 2008 by desert_fox

[Lili 3]

I would get in touch with your L&I office about this forceful and illegal way to make him sign this false statement.

This statement most likely covers their b*** in him not being eligible to file unemployment.

You will have to check with your state, but you CAN'T file for unemployment if you got fired.

[Damian P 92]

New York is an employment-at-will state, so an employer doesn't have to give a reason for termination...............

Again, please excuse my ignorance of the U.S. employment laws, but what exactly do you mean by "employment-at-will?" Are you saying that employers in New York can simply turn around one day and say to any random employee: "you're fired???" And give no reason??? Is there not an HR procedure to adhere to (i.e. verbal warning, written warning, and final written warning before termination)? Any unfair dismissal laws employees can utilise through the courts? ANYTHING??????

Edited September 18, 2008 by Damian P