claim or dont claim: days worked vs paid

by concerned in ny

(nyc)

Hi. I have been in contact with NYS dept of labor and still cant get a clear answer. I am freelancing, being on UI since Aug 2010. My freelance started in december 2010. Typically, I work a few days in a work-week and then get paid for those days (flat rate) a couple of WEEKS afterward. I HAVE been claiming UI benefits in weeks where I actully worked but didnt get paid and then NOT claiming in weeks I get paid but didnt actually work. What is the right thing to do? According to instructions on the online form, and NYS DOL, I check off “did not earn more than 405 EXCLUDING self-employment”. But from what I’m reading on this web site I’m still not sure I understand. Help is appreciated!

Hi,

Tell me, what did you read on this website that has confused you?

What are you asking the NYSDOL about? Why are you asking them questions and what is it that is unclear to you.

Personally, from reading what you have to say .. I have a concern ..

1. I’m not sure if “freelancing” is actually self-employment or just per diem contract work that NY would consider “covered employment” vs. self employment.

It is necessary to define this to address your question.

Comments for claim or dont claim: days worked vs paid

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Feb 08, 2011
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claim or dont claim: days worked vs paid

by: Anonymous

Hi and thanks again. I will look into your suggested topics. This is very helpful. Thanks again –

Feb 07, 2011
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claim or dont claim: days worked vs paid

by: concerned in ny

Hi. Thanks. The online form I was referring to was NYS DOL’s online form when you certify a claim. They ask how many days you worked and if you made more than $405 EXCLUDING earnings from self-employment, which is what, I learned, I fall under. That is, my freelanceing is self employment. For example, I have a freelance job that takes 4 days in one week (WEEK 1) but don’t receive pay. The following week (WEEK 2), on NYS site, I claim “0 days worked”. Then, let’s say I get paid the same week in which i just certified (that is, in WEEK 2). Then, the following week (WEEK 3) I claim 4 days worked because i received the pay for the 4 days worked BUT I also check off “did not earn more than $405 excluding earnings from self employment.” From what I’ve read on your site, is that one should claim “days worked” in which they were actually worked, not when paid. But then, and this is where I’m more confused, that would result in weeks with no money and other weeks with “double income”. Why would NYS want to pay unemployment in a week that I’m receiving earned income? (albeit for work performed in a prior week) That’s the part that doesnt make sense. Sorry for the long response but wanted to be clear. Thanks again.

Hi,

Nothing like taking it upon yourself to change the rules.

The reason they want to know if you worked in any given week .. is because it’s not just what you earn .. that makes you able or unable to collect benefits.

Maintaining eligibility conditions is vitally important. I think if you keep doing what you’re doing you will eventually raise a flag and have to answer questions.

I think you need to read Sections 700 and 800 and be sure to check in on 775 and then ask me about what still confuses you .. or better still explain what it was you didn’t understand.