NJ potential Successive Claim 2015 (file, receive, apply, qualify)

[Rafickw12]

Hello,

My NJ Unemployment Benefit Year End date is set to expire on 01/12/15. I am underemployed (been working so far this whole year) so I do get partial benefits, hypothetically speaking if I am still underemployed as my current claim ends. I will have to clearly file a new one...but here is where my doubts arises:

I read on their UI booklet that I can not file a new successive claim for the same work separation reason as the previous one (which is in this case "Lack of Work"), is this correct?

Also, do I need to earn more than what I have made in my previous claim to qualify?

Please advise.
Thank you so much.

[Ariadne22]

If you've been working, you qualify for a new claim when your first benefit year ends.

Per NJ:

REQUALIFYING REQUIREMENT

If you received benefits on an unemployment insurance claim, you
must have worked since the beginning of that claim to qualify for
another unemployment insurance claim after the first claim’s benefit
year ends. You cannot go from one claim to another successive
claim without working in between. Two claims cannot be based
on the same separation from work.

You must earn six (6) times the previous claim’s weekly benefit rate
and work at least four (4) weeks in covered employment to be eligible
for benefits in a successive benefit year.

http://lwd.dol.state.nj.us/labor/for...s/ui/PR-94.pdf

Essentially, because you've been working, you've demonstrated an attachment the labor market. Therefore, NJ can use what remains in your LAG (unused quarters from first employer), plus your new earnings for a requalifying claim.

Just apply at your benefit year-end. You'll be fine.

[Rafickw12]

ok, it sounds right but I also read the quote you sent me from the NJ unemployment website, it seems that it also stated that the claim wont be accepted if it is the same work separation reason as the previous claim.

I am technically not separated from work ,I am still working just part time, will my claim be accepted or still be rejected since I will also state the same reason as my 2014 claim?

Thanks.

[Ariadne22]

Please reread my answer - operative words "attachment to the labor market."

Please reread the quote.

Q: Did you earn 6x your WBA and work at least 4 weeks in the past benefit year?

A: Yes

Conclusion: You qualify for a new claim.

If you don't believe me, call NJ. I guarantee you get a new claim - and NJ will use LAG from the first employer. This is true in every state. Don't worry about it.

[Rafickw12]

Thank you for your reply, apparently I did not read the last paragraph in your primary answer. It is not the issue that I do not believe you, I am sure that I will qualify for the new claim income wise, but what I may have forgotten to mention is that the employer I am working for part-time is the SAME employer I am still working for when I filed my 2014 claim, not sure if this will be considered as a "duplicate" reason and therefore my successive claim will be rejected even if i met my 6x PBY. but from what you are stating "ATTACHMENT TO THE LABOR MARKET" will it be sufficient enough reason to not get the claim rejected and hence not considerate as repetitive?

I am sorry, I am just getting major anxiety over this, I just read the booklet now and I was completely oblivious to the fact that this may happen (every time there is a trick!!!) so my concern is that providing the "SAME" reason may end up declining my claim as mentioned or by still reporting to work part time, wont be considered as a duplicate reason unless you have been laid off?

***Also all my benefits will be exhausted by the end of this claim , no remaining benefit will be paid.

I really do appreciate your input, I will also contact NJ UI customer service to confirm.
Please advise.

[Ariadne22]

We've had many people claiming against an employer who continue to work for that same employer. Those new earnings from that same employer qualify as new work. You will qualify for a new claim. You have new earnings (doesn't matter from which employer) - you get a new claim.

There is no rule which says once an employer discharges you and then you return to work for that same employer that those new wages are not eligible wages.

FYI - the information on the websites and the handbooks does not get into the nuances of much of this stuff. So, if you are taking literally every single word you read, your interpretation would be correct.

However, in the real world, it doesn't work that way.

[Rafickw12]

Thank you so much for shedding some light on this situation, at the back of my head i thought the same thing too, part of my salary is NJ UI Taxed so it wont make sense that I wont qualify if I am filing a secondary consecutive claim I am still working and putting money into my Base Year.

So to finally summarize this, since I have been working this whole year....so far. I will qualify for a new claim, regardless if the reason is still the same (part time hours) as my previous claim that I filed earlier this year?

Thank you for your patience with me as I tackle my financial anxiety.

[Ariadne22]

Originally Posted by Rafickw12

since I have been working this whole year....so far. I will qualify for a new claim, regardless if the reason is still the same (part time hours) as my previous claim that I filed earlier this year?

Yes. You filed originally because you went from full-time work to part-time. Doesn't matter that you remain working part-time for the same employer. You have wages in your LAG from this employer which can be used for a new claim if you work in future. So, yes - you get a new claim because you still are not working full-time.

[Rafickw12]

Thanks a lot for your help, much appreciated.