unemployment + travel overseas...

[PaoloItaly 4]

 

not sure if this is the right place, just asking for a friend.

 

He is a Green Card Holder receiving unemployment since May ( unemployment + cares act )

His father got sick overseas ( coronavirus ), he plans on go overseas to see his father.

 

Is he allowed to do that while receiving unemployment???  his plan is to stay there no more than 1 month

will he have problem re-entering the US??

 

 

tsk

 

 

[geowrian 22,337]

There is not an immigration issue with going abroad for 1 month and returning.

 

Unemployment requirements vary by state. Generally, one must be deemed able and willing to resume employment. Being abroad would generally disqualify you as a result.

I am unaware of any states offhand that would allow this, but I do not know every state's UC laws.

 

Edit: To clarify...

he can go on the trip w/o abandoning unemployment. He just can't make claims for the benefit week(s) while abroad.

Edited June 19, 2020 by geowrian

[PaoloItaly 4]

8 minutes ago, geowrian said:

 

Edit: To clarify...

he can go on the trip w/o abandoning unemployment. He just can't make claims for the benefit week(s) while abroad.

 

even if while abroad he is seeking for a job????

[geowrian 22,337]

17 minutes ago, PaoloItaly said:

even if while abroad he is seeking for a job????

In general, yes. One must be "actively seeking employment" (this provision may or may not be waived under the state's UC program under current pandemic provisions) and "available to work". If abroad, generally the second provision is not met.

https://blogs.findlaw.com/law_and_life/2011/04/can-i-get-unemployment-while-traveling-abroad.html

The above link provides some possible exceptions. The onus would be on him to show that he met the UC program's requirements.

 

Do you know what state he is located in? As noted above, UC is dictated by the state.

 

Edit: Some other reads:

https://www.nolo.com/legal-encyclopedia/collecting-unemployment-are-you-able-32445.html

https://www.thestreet.com/personal-finance/will-your-unemployment-check-end-if-you-go-on-vacation-13446079

I was unable to find any (reputable) sources suggesting it's fine - only that there are exceptions and gray areas that one's specific circumstances may fall into.

Edited June 19, 2020 by geowrian

[Lucky2Lucky 2,526]

1 hour ago, PaoloItaly said:

 

not sure if this is the right place, just asking for a friend.

 

He is a Green Card Holder receiving unemployment since May ( unemployment + cares act )

His father got sick overseas ( coronavirus ), he plans on go overseas to see his father.

 

Is he allowed to do that while receiving unemployment???  his plan is to stay there no more than 1 month

will he have problem re-entering the US??

 

 

tsk

 

 

What are the requirements for his weekly claim? I can tell you what they are for my state but you didn't provide that information. One of our requirements is you must be available to work and actively looking for jobs. I don't see how you can do that while overseas for a month. Another is if your job calls you back (I am assuming he is furloughed) you must return; if not you forfeit your unemployment. If he has no problem leaving his father as soon as he gets the call thats one thing but I'm thinking that wouldn't be the case. 

Edited June 19, 2020 by Luckycuds

[SalishSea 17,920]

28 minutes ago, PaoloItaly said:

 

even if while abroad he is seeking for a job????

Correct.  If he is abroad and offered a job tomorrow, he obviously is unable to take it.  He must be immediately employable.

[PaoloItaly 4]

32 minutes ago, geowrian said:

In general, yes. One must be "actively seeking employment" (this provision may or may not be waived under the state's UC program under current pandemic provisions) and "available to work". If abroad, generally the second provision is not met.

https://blogs.findlaw.com/law_and_life/2011/04/can-i-get-unemployment-while-traveling-abroad.html

The above link provides some possible exceptions. The onus would be on him to show that he met the UC program's requirements.

 

Do you know what state he is located in? As noted above, UC is dictated by the state.

 

Edit: Some other reads:

https://www.nolo.com/legal-encyclopedia/collecting-unemployment-are-you-able-32445.html

https://www.thestreet.com/personal-finance/will-your-unemployment-check-end-if-you-go-on-vacation-13446079

I was unable to find any (reputable) sources suggesting it's fine - only that there are exceptions and gray areas that one's specific circumstances may fall into.

he lives in Florida

 

he is going to be applying for jobs while overseas.

It is just because he really needs to go see his dad....

 

If he "cancel" unemployment he would not be able to pay rent, or car payments. so he is really confused about what to do....

[geowrian 22,337]

2 minutes ago, PaoloItaly said:

he lives in Florida

 

he is going to be applying for jobs while overseas.

It is just because he really needs to go see his dad....

 

If he "cancel" unemployment he would not be able to pay rent, or car payments. so he is really confused about what to do....

I'll see if I can find anything specific to Florida. I'll update the thread with what I find that's relevant (or if there is nothing I can find).

 

Gotcha. Applying for jobs is fine, but the "available for work" requirement is more likely the issue.

As noted above, if he were to get an interview tomorrow or called back into work or whatever, would he be able and willing to do so? Flights alone in the current environment may make that impossible, or possible required quarantine procedures. I can't tell him what to do, but I do think it would be a very tough argument to make and it's his case to make if he tried. I would not want to be in that position.

 

It's not about "canceling" unemployment. He just cannot make claims for the weeks while he was not available for work. So if he's gone for 1 week, that's 1 week of UC that he wouldn't get. He would continue to get it once he returns.

 

Do what he needs to do. Just know the consequences so he doesn't get himself into trouble afterwards (a false/improper UC claim can have all sorts of consequences).

[PaoloItaly 4]

7 minutes ago, geowrian said:

I'll see if I can find anything specific to Florida. I'll update the thread with what I find that's relevant (or if there is nothing I can find).

 

Gotcha. Applying for jobs is fine, but the "available for work" requirement is more likely the issue.

As noted above, if he were to get an interview tomorrow or called back into work or whatever, would he be able and willing to do so? Flights alone in the current environment may make that impossible, or possible required quarantine procedures. I can't tell him what to do, but I do think it would be a very tough argument to make and it's his case to make if he tried. I would not want to be in that position.

 

It's not about "canceling" unemployment. He just cannot make claims for the weeks while he was not available for work. So if he's gone for 1 week, that's 1 week of UC that he wouldn't get. He would continue to get it once he returns.

 

Do what he needs to do. Just know the consequences so he doesn't get himself into trouble afterwards (a false/improper UC claim can have all sorts of consequences).

l thank u very much!!

[PaoloItaly 4]

17 minutes ago, geowrian said:

I'll see if I can find anything specific to Florida. I'll update the thread with what I find that's relevant (or if there is nothing I can find).

 

Gotcha. Applying for jobs is fine, but the "available for work" requirement is more likely the issue.

As noted above, if he were to get an interview tomorrow or called back into work or whatever, would he be able and willing to do so? Flights alone in the current environment may make that impossible, or possible required quarantine procedures. I can't tell him what to do, but I do think it would be a very tough argument to make and it's his case to make if he tried. I would not want to be in that position.

 

It's not about "canceling" unemployment. He just cannot make claims for the weeks while he was not available for work. So if he's gone for 1 week, that's 1 week of UC that he wouldn't get. He would continue to get it once he returns.

 

Do what he needs to do. Just know the consequences so he doesn't get himself into trouble afterwards (a false/improper UC claim can have all sorts of consequences).

 

The weirdest thing is that my friend was not furloughed. He has not being working since august 2019.

Since his wife was pretty much paying the bills, he was just studying...

 

His wife lost her job last month and their situation became really BAD....so he applied for unemployment and got approved ( I still don't know HOW he got approved if his last job was in July 2019 ).... he never lied on the paperwork...he made it clear that he only worked in 2019

Edited June 19, 2020 by PaoloItaly

[geowrian 22,337]

I was not able to find anything specific to travel abroad. FL's UC program only states that one must be available, willing, and able to work.

Admittedly, I had trouble finding good results due to current events causing a lot of more-common events to clutter the search results (lots of COVID-related unemployment documents).

 

http://www.floridajobs.org/Reemployment-Assistance-Service-Center/reemployment-assistance/claimants/claimant-faqs-(new)

Quote

Your continued eligibility may be impacted if:

...

You are not able and available to work if a job became available.

 

The handbook provides some examples of disqualifying circumstances , such as temporary travel outside the local area. To me, travel abroad would generally fall into this.

http://www.floridajobs.org/docs/default-source/reemployment-assistance-center/unemployment/bri/bri_english.pdf?sfvrsn=8e8e78b0_4

Quote

Below are examples of various eligibility issues that could result in disqualifying determinations:

...

Ability and Availability Issues–Life situations that prevent the ability to seek and accept work

•Travel –You have left your local area for personal reasons with no intention to relocate

 

I have seen exceptions for some states for things like death in the family, although those were measured in days (under 1 full week, although timing could cause it to cross into 2 benefit weeks). Even that explicitly excluded time unavailable for non-burial activities, so I would be doubtful the time unavailable due to illness of a family member would be excluded.

This is separate from the above, which was a question about if the time abroad meets the avaiable to work requirement. I was just trying to see if even if unavailable for work, what conditions could exclude the time unavailable from consideration? But that doesn't seem to be a viable path here.

 

Overall, I think trying to claim UC while abroad here would not be a wise idea.

 

28 minutes ago, PaoloItaly said:

I still don't know HOW he got approved if his last job was in July 2019

Agreed...that part is confusing to me as well. haha

I'm going to assume there's something more to his case that you may not be aware of, and not anything else going on.

[PaoloItaly 4]

18 minutes ago, geowrian said:

 

 

thank u for us anwers

 

do u understand what does this means "

• You must have a minimum amount of wages earned in what is called the "base period," which is the first 12 months of the past 15 months from when you filed your claim;

 

maybe that's the reason he got approved??

 

Im trying to help him out, but its really confusing and he doesn't a lot of English lol

[Lucky2Lucky 2,526]

28 minutes ago, PaoloItaly said:

 

thank u for us anwers

 

do u understand what does this means "

• You must have a minimum amount of wages earned in what is called the "base period," which is the first 12 months of the past 15 months from when you filed your claim;

 

maybe that's the reason he got approved??

 

Im trying to help him out, but its really confusing and he doesn't a lot of English lol

That could be since he has worked in the past 15 months. My thoughts are he doesn't get much and if he is relying on that for his mortgage and bills flying half way around the world makes no sense if he is the one paying for while instead he could be looking for jobs. I think you could best help him out by helping him complete job applications.

 

I know others have mentioned not making a claim the weeks he is away; but I don't think that's possible. I think he would lose the unemployment for not filing for consecutive weeks or have to have a hearing. He may be best helped by calling someone from unemployment in his state.

[PaoloItaly 4]

37 minutes ago, Luckycuds said:

That could be since he has worked in the past 15 months. My thoughts are he doesn't get much and if he is relying on that for his mortgage and bills flying half way around the world makes no sense if he is the one paying for while instead he could be looking for jobs. I think you could best help him out by helping him complete job applications.

 

I know others have mentioned not making a claim the weeks he is away; but I don't think that's possible. I think he would lose the unemployment for not filing for consecutive weeks or have to have a hearing. He may be best helped by calling someone from unemployment in his state.

 

Thank you for ur answer!

Im trying to help him...but he just told me he is going overseas regardless

at this point, nothing that I can do about him anymore...just hope he doesn't go to jail !

[Lucky2Lucky 2,526]

32 minutes ago, PaoloItaly said:

 

Thank you for ur answer!

Im trying to help him...but he just told me he is going overseas regardless

at this point, nothing that I can do about him anymore...just hope he doesn't go to jail !

That is nice you are concerned but he won't go to jail; he would lose his unemployment but it's his choice.