Multiple States - Same Employer (file, apply, claim, qualify)

[ElaineNCali]

My job just ended after 20 years. During that time I have lived in North Carolina (9 years), Kentucky ( 3 years), Ohio ( 6 years), and California ( 2 years). The employer is based in New York. I have never filed for unemployment and have been told I can file file for it from each state ( as in 26 weeks from each state). Is this true?

Complicating matters is that the employer now wishes to claim that we were all Freelancers - we were always issued W-2s and not 1099s.

[Rabrrita]

No. Whom ever told you that doesn't know what they are talking about! Unemployment is based only on the LAST 18 months of employment. What happened 19 months to 20 years before that means squat.

[Ariadne22]

Originally Posted by ElaineNCali

My job just ended after 20 years. During that time I have lived in North Carolina (9 years), Kentucky ( 3 years), Ohio ( 6 years), and California ( 2 years). The employer is based in New York. I have never filed for unemployment and have been told I can file file for it from each state ( as in 26 weeks from each state). Is this true?

Complicating matters is that the employer now wishes to claim that we were all Freelancers - we were always issued W-2s and not 1099s.

If your employer contests these benefits, it has no chance of succeeding in claiming you are free-lance since you were paid on W-2. Keep your paystubs handy and the year-end W-2s. You may need them - especially if employer didn't report your wages to either NY or California.

It is not true that you can file in every one of the above states. If you file now, all the above states will use base-period earnings October 1, 2014-September 30, 2015. If wages for you during that period do not appear in that state's database, the state will not grant a claim. The states do not look back any longer than 18 months.

Generally, the last state in which you worked is where you should be filing, although not always. Sometimes employers report wages to the state with the lowest UI tax. In your case, it's possible your wages were reported to NY rather than CA - which I assume is your last place of employment.

CA is the most claimant-friendly state in the country, its benefit is higher (maximum $450 wk), and the partial benefit less punitive than NY (maximum benefit $420). California is also a very claimant-friendly state, although NY is not particularly unreasonable, either.

If you have a strong earnings history, suggest you file immediately in order to preserve the October 2015-March 2016 in your LAG for a potential 2nd year claim should you be unemployed that long. Strong LAGS can provide a very good 2nd year requalifying claim, although you will need to have worked during the benefit year (March 2016-March 2017) at some point in order to qualify for a 2nd claim.

[Zeke66]

I have a question that is a little different. I have worked for my company for 19 months and am out of work this week. I have lived in Montana and Texas during that time, but have been working and paid out of Montana for 10 months, North Dakota for 6 and Texas for 3 months. I currently live in Texas. Where do I need to file, or does it not matter since its a multi state claim. I see North Dakota pays the highest, that would be nice.

[Chyvan]

You need to be strategic.

Put the earnings in chronological order by the state in which they were earned (where you live means little.)

So you get a rough idea of where I'm going, you can apply in the state with the oldest wages, and get a claim, then if in up to 26 weeks, you're still out of work, you can apply in the next oldest state. As you do this, your newer state wages age into the base period. You have the potential to have a lot of UI money coming in the event that things just don't go your way.

Don't be so quick to just grab the state with the highest benefit because unless you have one heck of a crystal ball, you just don't know what the future holds.