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I used to work in NJ for my entire career. On Dec 2022 I joined a company remotely (WFH), and was still paying NJ taxes (the work address was set to be my home). On Aug 30, 2023 I moved out to another state, then my stub taxes changed to that other state I moved to. It is as if I moved states and moved employers (since the work address changed as well), while in reality I haven't moved employers!
A week ago I got laid off and I am not eligible to unemployment in my new state due to lack of work history. Will I get anything from NJ?
Unemployment nexus is based on the location of the work product, not the address of the employer. When you moved to another state and started producing your work product in that state, it became your new state of nexus for unemployment. There's a whole lot of labor/tax laws and regulations that WFH employees better start learning quickly. You have just learned one of them!
Good news is not all is lost. Depending on your new state, you may be able to ask for an Interstate Claim. This is where your current states ask your previous state if they will pay your claim to the new state who pays you. Many claimant friendly states do this automatically. Often a state may have this provision but find its easier to shoo you away and not offer it unless asked. If that is a no-go, or too burdensome for you to go through, file a claim with NJ since the last qualifying quarter for a claim did have NJ employment.
Now, before you try and deal with this, one clarification questions; you wrote: " I am not eligible to unemployment in my new state due to lack of work history." was this told to you by your new state's unemployment office or did you just assume this?
Unemployment nexus is based on the location of the work product, not the address of the employer. When you moved to another state and started producing your work product in that state, it became your new state of nexus for unemployment. There's a whole lot of labor/tax laws and regulations that WFH employees better start learning quickly. You have just learned one of them!
Good news is not all is lost. Depending on your new state, you may be able to ask for an Interstate Claim. This is where your current states ask your previous state if they will pay your claim to the new state who pays you. Many claimant friendly states do this automatically. Often a state may have this provision but find its easier to shoo you away and not offer it unless asked. If that is a no-go, or too burdensome for you to go through, file a claim with NJ since the last qualifying quarter for a claim did have NJ employment.
Now, before you try and deal with this, one clarification questions; you wrote: " I am not eligible to unemployment in my new state due to lack of work history." was this told to you by your new state's unemployment office or did you just assume this?
It is in the eligibility section of the official website. I applied anyways in the 2 states, but hope I didn’t screw things up by doing so.
Yes, applying in two states simultaneously will raise a fraud alert and stop both. All you need to do is say you applied in the new state but learned you needed to apply in the old state. Even though the new state may not pay the claim out of their pocket due to no work history, they can do an Interstate Claim and pay you from the money NJ sends them.
Yes, applying in two states simultaneously will raise a fraud alert and stop both. All you need to do is say you applied in the new state but learned you needed to apply in the old state. Even though the new state may not pay the claim out of their pocket due to no work history, they can do an Interstate Claim and pay you from the money NJ sends them.
I answer the new state question honestly. When asked if I applied in any other states I answered yes and said I applied in NJ. So at least I hope no fraud alerts happen since I was truthful. The last thing I would need is to deal with those accusations of fraud when I was only confused of the overwhelming amounts of rules during one of my most difficult times.
There will be a fraud alert but that is not the same as a fraudulent claim. All it means is if approved by either state, due to two filings, you won't get paid until the paying states knows the non-paying states isn't going to also be paying you. If it becomes a question, just explain it and all will be good.
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