by Edith
(New York, NY)
I am using the Alternate Quarter to determine my benefit rate because it’s higher than the base period quarters. Unemployment has approved this, but i have a question regarding the wages earned during the alternate quarter.
Example: my alt. quarter is April 1-June 30, and my paystub with the week ending date June 27th was actually paid to me on July 1st. Unemployment is saying they can’t add this check because even though the week ending date is June 27th, they will not calculate it because i was paid July 1st. Can they do this? Is there a legal definition for “wages earned” that would help me out here before I write to dispute this?
Hi Edith,
I feel compelled to explore the ironic for a moment.
I think an irony exists because when an unemployed person reports any earnings on a claim for continuing benefits, they must report the wages for the claim week they are filing and earned the wages, not the week they are paid the wages.
But onto your question, my experience was working in the appeal department of a company. Monetary determination appeals were considered claimant only issues, therefore, I am, admittedly, weak in this area that has more to do with unemployment tax. I understand how and why tax is collected from employers yet lack knowledge of the finer details of whether you have a valid issue to appeal.
But, I think I know where to start exploring.
This page seems like it might be useful.
Specifically, the part that says
“When it has been established that a claimant worked in employment, the local office is responsible for resolving issues involving the amount of earnings 1/ and the number of weeks of employment 2/ to be allocated to the claimant’s base period.
1/ Doubtful cases should be referred to the Liability and Determination Section.
2/ Doubtful cases should be referred to the Adjudication Services Office.
It certainly would have been helpful if they had made those field memos links.
And of course, I think this is the relevant statute
But if it doesn’t do the trick .. you can start back at the beginning