I was denied unemployment because I was 30 dollars short of being able to collect in NY state what can I do?

by Angel
(Buffalo,NY)

I was denied unemployment because I was 30 dollars short of being able to collect in NY state what can I do? I've already applied for a hearing what can I say or do to have them reverse the decision my employer would pay the benefits if allowed since I was laid off do to lack of work.

Hi Angel,

The only thing I know of to do is double- the figures. You must have the minimum amount to qualify monetarily.

They don't say .. oh, that's close enough.

So let me ask you this. Do you know if the State of New York tried to qualify you using their alternative base period too? Which is the last 4 COMPLETED quarters.

Comments for I was denied unemployment because I was 30 dollars short of being able to collect in NY state what can I do?

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Oct 25, 2009
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Well these are the numbers (Thanx for your time)
by: Angel

From 4/1/09- 6/30/09 I made $2626.20 That would be my base 4th quarter I made nothing in the previous 3 quarters 7/1/08- 3/31/09 (unless they can count student loans payments given to me or me collecting unemployment from AZ at that time). In my alternate quarter 7/1/09- 9/30/09 I made $6363.76 and I don't know if it matters but I made 374.44 this October. Now I know I don't make much but I've made less in past years and still been able to collect (I work seasonally but every year I am hired as a "new hire"). I've already requested a hearing and I will be speaking with a pro bono lawyer I just want to make sure I have a leg to stand on when I get to the hearing. Thanks for the time if you can look at the numbers for me and give me some advice U'd be the MAN! in Buffalo,NY
Angel

Base periods are relative to the date you file the claim.

The standard base is the first 4 of the last 5 COMPLETED quarters. The alternative base period is the last 4 Completed quarters.

When someone isn't able to qualify under either of these conditions it often happens that they can "requalify" if they apply again after the next quarter begins.

The one thing you mentioned that might be the problem (I'll have to check the statutes) is "seasonal work".

If an employer has been designated as a seasonal employer there are often provisions which prohibit collecting unemployment during the "season".

The provisions effecting seasonal work vary.

As an example, let's say someone worked for a sports franchise .. or a ski resort. The employer's "season" is based on pre-determined dates, but what happens if a person works beyond the seasonal dates due to playoffs or good snow may create a situation where a person is no longer considered a "seasonal employee".

There is information regarding seasonal provisions beginning on Page 24 of the Monetary entitlement pdf at the USDOL Just click the current year under State Law Information and follow the trail.

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