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    tpf802's Avatar
    tpf802 Posts: 0, Reputation: 1
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    #1

    Jan 8, 2011, 09:52 AM
    I was legally on WC, and then laid off by my employer, can I collect unemployment?
    I was off legally for 15 months, had 3 surgeries and numerous therapy sessions, after I was cleared by my doc to return to work full duty, I was laid off due to reduction in workforce. Applied for unemployment and was denied... can they(unemployment)do this, I worked for 27 years and never had any lay-offs, now I have no income. Is there any way I can handle this through unemployment, I am currently working between my union hall and my employer...
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Jan 8, 2011, 10:18 AM

    Unemployment can pretty much do what it wants until you file an apeal. Why were you denied? Is Unemployment alleging no work income, followed by work, followed by no work - thus, you did not meet the requirement of X weeks to collect?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Jan 8, 2011, 10:54 AM

    First of course you can not be "laid off while on workers comp" but it is not uncommon at all for employees who had seroius workers injury to be fired as soon as they return, Happens all the time, Now the unemployment, you appeal, but why did they deny, was it for no earnings during the qualifiing period, or did the employer deny the claim
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #4

    Jan 8, 2011, 11:13 AM
    Interesting. Unemployment counts your most recent quarter of income and your fifth most recent, so that just so happens to be the 15 months you were out of work. I wonder if that is why you were 'denied:' you simply had zero earnings and thus would get a check of 0.00.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    Jan 8, 2011, 02:14 PM
    Quote Originally Posted by joypulv View Post
    Interesting. Unemployment counts your most recent quarter of income and your fifth most recent, so that just so happens to be the 15 months you were out of work. I wonder if that is why you were 'denied:' you simply had zero earnings and thus would get a check of 0.00.

    Doesn't each State have a different formula because it's State money, a State benefit?

    To collect in NYS you must have been paid wages for at least calendar quarters, having been paid at least $1,600 in one of those calendar quarters. There are exceptions to the rule but that is basically how a person qualifies.

    I don't know, of course, what State OP is in. It would be helpful if he would come back with that info.
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