Renewing Unemployment AFTER ending a Temp Job? Could REALLY use some help here! (collect, extension)

[Further North]

I’m trying to get a solid grasp on just what might happen to my UI claims if I am eligible for UI again after I end some temp jobs. I would REALLY REALLY REALLY appreciate any feedback to give me some piece of mind here!

I have read the following threads to try and get a better grasp of the situation and I still have questions:


https://www.city-data.com/forum/unemp...st-extend.html

-AND-


https://www.city-data.com/forum/unemp...orary-job.html


My benefit year ends on May 16th 2011. Based on last years Quarterly High Benefit Rate I maxed out my WBR potential and was making $363 a week on UI.

Unless the lame duck congress performs a MIRACLE and extends the EB program before the end of NOV, I’m SOL because my 26 weeks ends on Nov 27th, thus making me a WEEK LATE to continue on to tier 1. So in other words, I have no choice but to find any work I can get NOW. I don’t have any latitude to try and ride it out and hope that an extension comes. I HAVE TO find work to survive. This means seasonal part time jobs because they are hiring NOW. I already have one that I’m starting next week, I’m looking for a second one too.

So with respect to some of the threads that I have read on here, I am trying to clarify just how likely it is that I would be assigned a New Benefit Year if I go back on UI in the event that neither company keeps me on after the holidays.

The Implications of H.R. 4213

According to this link about H.R. 4213:

http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=111_cong_bills&docid=f:h4213enr. txt.pdf (broken link)


If I am interpreting this properly then it states that in the event that the new WBR is $100 or 25% then the original qualifying benefit year then the state can chose 1 of 4 options as outlined in paragraph 2:

A) If you are eligible for EB at that point the state will pay you a WBR reflective of your original Benefit Year until EB is exhausted. Then you go to the New Benefit Year if you are still eligible to collect UI.

B) I think more or less declares what A) said?

C) You would receive the WBR rate untitled under the New Benefit Year AND an additional amount as provided by EUC that would EQUAL your old WBR in total. ie the old WBR was $363. The new WBR rate is $125 so I would get $125 from the normal EUC, and an additional $238 from the EB fund.

D) ???? This doesn’t make any sense to me. Maybe they mean if you don’t claim UI under the New Benefit Year then it is at their discretion to give you the EUC rate? if you appeal that the New Benefit Year is to low and you don’t bother to claim any more and they decide if you can get back on UI with the EUC rate instead?

Determining what qualifies as a New Benefit Year

And that brings me to what I read in the “Don’t Get a Temporary Job!” Thread about what constitutes as qualifying for a New Benefit Year.

According to this gov web page:

http://workforcesecurity.doleta.gov/unemploy/uilawcompar/2009/monetary.pdf (broken link)


Wisconsin’s rules for determining aNew Benefit year after a gap in UI and a new claim filing are the following (according to pg 8):

8 x WBA

So that according to that formula if I make over 8 X my WBA of $363 that equals $2,904 and I will easily exceed that, even on 1 part time job in a single quarter.

In other words, it sounds as if I’m going to be on a New Benefit Year. I will qualify for the wage requirement easily in 2 months time, but I really DON’T want to be on the New Benefit Year rate.

If anyone can give me some insight as to whether or not I am correct on those assumptions I have made, or if they have faced similar situations I would GREATLY appreciate your feedback!

I’m having a hard time facing the reality of closing off my potential to get back on unemployment period at this time, considering that I will have to work TWO minimum wage jobs ($7.25 in WI) at an average of 25 hrs a week just to EQUAL my former WBA. I’m not being lazy, I just don’t like the idea of working my *** off for LESS. Not to mention that if I do find a decent paying job making $15 or greater then leaving that to pursue my old career field seems risky and foolish until the economy recovers.

I had been strongly considering taking a 4 week comprehensive software training class for high end engineering software. It would build upon my present skills and past experience as an Industrial Designer and also give me a good chance of finding a 6 month or 1 year contract job as a CAD Drafter. Which probably wouldn't have benefits or vac. time, but at least I could stand to make over $20 an hour from that. I would likely have made that my new career path vs. depending on Industrial Design. The problem is I need a month of time to do it and I would need to be receiving enough money at that time to live off of.

So the best case scenario for me would be for my seasonal jobs to end in early Jan. and for me to resume UI with LAST YEAR’S Benefit Year determining my WBA. Then I can take the software training I want to do and increase my potential to find work in my field. If that doesn’t happen, IMO I might as well get used to working in a factory because I doubt my ability to find work strictly in my previous career field.

[Ariadne22]

Under HR4213, if EUC has been extended and is still in effect when you resume your benefits, you should be able to continue on your old claim at the higher rate. However, this will depend on how Wisconsin is implementing this law.

It took a huge effort on the part of CA claimants to even get CA to acknowledge they had the right to their earlier higher benefit rate under HR4213. Even after that acknowledgment, there was additional backtracking by CA, which first agreed to pay the higher benefit and then reversed itself and, to my knowledge, as of a month ago, still does not pay the higher benefit under these circumstances.

The fact that you know about your rights gives you a leg up if and when you are required to establish a new claim. The time to fight will be then - and, again, that is only if HR4213 has been extended.

[Ariadne22]

One further comment to directly answer your question. Yes, It does sound as though your earnings will trigger a new claim. Hopefully, Wisconsin has procedures in place so that you can resume benefits under your old claim, rather than accept a new and much lower benefit.

Let us know what happens.

[Further North]

I now have a second seasonal job that I'm starting so I guess I'll discover what happens come early Jan. If anyone else can share their insight, experiences it is greatly appreciated. Thanks for your reply too Ariadne22.

[Chickie1]

Illinois here. First eime EVER on unemployment. Any insight is welcomed!!!

I was on medical leave from work 1/09 to 11/15/09 and 10,000 of us were laid off 2/09....I was not officially laid off until I returned to work 11/15/09 and that is when my unemployment started.

So, $533.00 a week on unemployment 11/15/09 and then I accepted temporary work here and there during 2010. I was told that was a good thing, per the unemployment office. Never amount to much...around $150 a week when I had work.

11/14/10 my new year started, I was on Tier 2. Well, I received a letter that I was DENIED due to working temporary/part time here and there through 2010 but I did not work since late 10/10 and the letter said that I was also denied for the new 26 week UI since I had not ever made $400+ in a week plus when it recalculated it pulled the last 5 quarters, not 4 quarters like it did in the original claim so when I was on medical leave from my high paying job of 8+ years it simply looks like I was not working enouch...no way to show I was on covered medical leave.

I went to the Unemployment Office and said that I wanted to 'Defer the Claim using HR4213'. I was forced by the unemployment worker to fill out paperwork to open a new claim, basically the 26 weeks against the temp/part time employer that I've worked here and there for during 2010, so I complied but wrote all over it that I wanted HR4213 off of the old 2009 claim. I did call the Illinois senators office and told them what was going on and did say that I was also nervous about the timing of all of this as well.

Due to the Thanksgiving holiday week I am not sure what will happen....if I will or won't make it in time.

By doing the RIGHT thing and working vs sitting on my *** I could have lost over $500+ a week for what, the next 6-12 months!!!!!!!!!! Wow, what a system we have! Really, what is the point of a Federal Law if it really isn't put into effect?!?!

[Chickie1]

ILLINOIS HERE:

All I know is what happened to me.

My BYE was 11/14/10 and I worked temp/part time all through 2010. I went to my local office and was forced to open a new claim even though I only wanted to reinstate my original claim. Soooo, I wrote all over the new claim 'Defer to old claim using Federal Law HR4213'. The local agent claimed that he did not know what that law was, even though it was passed 7/22/10. Strange. I was informed by that gentleman to wait two weeks.

One week later I was going nuts so I called the 800# that was on the Illinois Unemployment site, under contact us. The Chicago office reinstated my original claim, which was over $500 a week vs the $138 a week of the 2nd year claim!!! I was estatic!!!!

I had to go in person to get the dependent allowance reinstated since they need the social security card of the youngest child now. So, I did that today, 12/3/10. Assuming that congress will approve this next round of extensions.....I will continue on Tier II after 12/11/10!!!!

Good luck to you all!!!!

Know your legal rights!!!! www.greatworkplan.com/carmenko/