A question about collecting unemployment

les26

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I was laid off late March from my job of 21.5 years, collected unemployment because of "lack of work", was called back 12 times for short projects so I would claim that I worked and get partial payment for the hours that I didn't work. I started a part time job early August, did the same thing there, claimed only hours I did not work to make up to 40 hours, but that job has been picking up so much that I wouldn't be able to go into my old job and help them so to avoid any issues I quit my old job, am working at the new one but not 40 hours a week yet, can I still collect partial unemployment from my old job because of lack of work? I know pre Covid if you quit you are done, but this Covid has changed a lot of things so that might not be the case now? I did call PA. unemployment and explained it to them and the guy there said "I would just continue to do what you are doing, work and claim the hours you lost" but I don't know if that is the right thing to do? Does my old job have to offer me hours and have me turn them down in order to "discontinue" my claim?

If you have any ideas please let me know, this is very different and confusing thanks to Covid!
 

wali_the_cat

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" I quit my old job, am working at the new one but not 40 hours a week yet, can I still collect partial unemployment from my old job because of lack of work"

You very likely cannot collect partial unemployment because you quit the old job. I don't know where you are, but in New York State this would preclude you from eligibility for unemployment insurance. However your state might be different.

Do know that if you make a claim that you aren't eligible for, you will owe that money back plus penalties.
 
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les26

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" I quit my old job, am working at the new one but not 40 hours a week yet, can I still collect partial unemployment from my old job because of lack of work"

You very likely cannot collect partial unemployment because you quit the old job. I don't know where you are, but in New York State this would preclude you from eligibility for unemployment insurance. However your state might be different.

Do know that if you make a claim that you aren't eligible for, you will owe that money back plus penalties.
I am in Pennsylvania. I wish I could figure out who exactly to talk to to get the correct answer? I call unemployment and you wait 9 years on "ignore" until they finally connect you to a live person, and I would like a better answer than what that guy said!
 

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If you were offered a return to full time employment at your previous employer with the same wage and benefits, and you turned it down, then you have lost your right to collect unemployment. It doesn’t matter whether the new job is fewer hours or not, since that is a choice you are making. Most state unemployment agencies are very good at monitoring payment and collecting overpayments so I would make sure you provide them totally correct information about your unemployment situation
 

denice

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I really have no idea. I know normally if you quit your job then you are done with unemployment. There are very rare exceptions at least in Ohio, I knew someone who did it. He was able to prove that he had been singled out for harassment and he was in an environment that most people would give up and leave. That doesn't sound like it is the case here.
 

neely

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I would tend to agree with the above members who said if you quit your old job you are not entitled to unemployment benefits. There are so many people out of work due to the pandemic that it's possible the rules have changed. You may want to refer to the information here and scroll down to where it says some of the eligible criteria has been loosened.
How does unemployment insurance work? And how is it changing during the coronavirus pandemic?
I completely understand your frustration with reaching a live person at the unemployment office so if you have a friend or family member who is an attorney I would check with them or try calling legal aid. If you are a senior citizen you can also contact the National Council on Aging.
https://www.ncoa.org/wp-content/uploads/Final-You-Gave-Now-Save-guide.pdf
 
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les26

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If you were offered a return to full time employment at your previous employer with the same wage and benefits, and you turned it down, then you have lost your right to collect unemployment. It doesn’t matter whether the new job is fewer hours or not, since that is a choice you are making. Most state unemployment agencies are very good at monitoring payment and collecting overpayments so I would make sure you provide them totally correct information about your unemployment situation
But that's my point, they didn't offer me my job back and I don't think that they will, I honestly don't think that they are going to survive this collapse that's why they didn't try to talk me into staying. The best they could do was offer me sporadic work, and most likely that is how it would've kept going, me being called back full time doesn't have much of a chance of happening so I am wondering if I can still collect because I have "lack of work" due to them, wondering if they would have to offer me work and me turn it down THEN I would not be entitled to anything else. The rules have changed like never before thanks to Covid, and if I am not entitled to anything that's fine I made the choice to leave, but if I am I will take it, I put in 21.5 years there the least they could do is pay out a few bucks unemployment and believe me it is a few bucks, claiming partial is not much at all!
 

susanm9006

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If they aren’t offering you same pay and hours that you had before layoff , i.e. full time with benefits, then you don’t have to accept part time work there and are fine for unemployment. If it starts to get questionable exactly what they are offering, try to get the terms in an email. If you were part time there then it gets even more important to have the documentation.
 

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My thoughts are that you are no longer eligible for unemployment because you quit the job that you qualified for unemployment under. You no longer have "lack of work" with them, because you no longer work there.
You have secured new employment, and even though it is not a full 40 hours a week, you still accepted that position, I'm assuming with the hopes that it will lead to consistent full time hours.
That's just my two cents, but I'm pretty sure. Hopefully your new job keeps picking up.
 
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les26

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My thoughts are that you are no longer eligible for unemployment because you quit the job that you qualified for unemployment under. You no longer have "lack of work" with them, because you no longer work there.
You have secured new employment, and even though it is not a full 40 hours a week, you still accepted that position, I'm assuming with the hopes that it will lead to consistent full time hours.
That's just my two cents, but I'm pretty sure. Hopefully your new job keeps picking up.
This makes sense. It's just that Covid has changed the way things work, so I'd like to find out for sure and get a better answer than the guy on the phone from unemployment saying "I would just continue to do what you are doing", that isn't definitive enough for me!

I guess what I'll do is just claim unemployment up until the day that I emailed them and told them that I quit? Normally it would be giving 2 weeks notice, but since I haven't worked there in a month and it was quite apparent that I wouldn't be coming back soon even part time they just let me go, nothing was said about honoring the two week notice period so I'll just claim up and including the day that I emailed them saying I am leaving.
 

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Is it too late to perhaps see if they would give you a permanent lay-off rather than you quitting? That could be a way for you to still collect.
 
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les26

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Is it too late to perhaps see if they would give you a permanent lay-off rather than you quitting? That could be a way for you to still collect.
If they would still be the ones responsible for paying for me then I am very sure the answer would be "no", they are very much struggling right now so any chance they get to save money they will do. I honestly think they will limp along for awhile yet, then if it doesn't pick up I could see them closing, they can't go on in "neutral" like this for months yet, but I don't think that people will be interested in what they sell anymore. So I would safely say they would say no IF they would still be the ones paying for it, especially since they know I have another job.
 
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les26

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I talked with a guy who worked there in the past and is still helping out once a week train another guy in the finance department and asked him about this, and he said that the only way that I couldn't collect is if the woman in payroll would notify unemployment that I am not "eligible", other than that he said I could "try it and see" and said that it really wouldn't be my ex employer who pays for it, he tried to explain to me why he isn't responsible but it didn't make much sense, so now I don't know....I also am asking my current payroll person at my new job about it to see what she thinks.
 
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