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wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 15813
Experience:  14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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how long after losing a job can i apply for unemployment if i dont apply

Resolved Question:

how long after losing a job can i apply for unemployment? if i don't apply right away, can i wait 6 months or a year? I will be losing my job in 3 months, but may travel abroad for a while on savings and work part time. can I collect?
Submitted: 3 years ago.
Category: Employment Law
Expert:  wallstreetfighter replied 3 years ago.

wallstreetesq. :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarificati on.

wallstreetesq. :

Is this in MASS?

Customer:

yes

Customer:

where is your answer?

Customer:

are you there?

wallstreetesq. :

As with all States Unemployment

wallstreetesq. :

Insurance must be applied for within 1-2 weeks after being terminated.

wallstreetesq. :

If you apply and than leave for 6 months you would not be entitled to benefits, as you must be willing to work.

Customer:

what if I apply 6 months or a year after losing my job?

wallstreetesq. :

If you apply after 6 months from being terminated in all liklihood you would not be entitled

Customer:

if I don't apply 1-2 weeks after losing my job I am no longer eligible?

Customer:

really...

wallstreetesq. :

I will get the exact MASS law, however the reason for unemployment insurance as per Federal and State law is to help you after termination to find another job.

Customer:

what if I work part time out of the country and make very little money. could I collect?

Customer:

I may teach abroad for a while, but would not make much money

wallstreetesq. :

The job cannot be out of the Country, as if you work part time in the US you would receive benefits as well as your part time income.

Customer:

so basically either I collect within 1-2 weeks or I won't be eligible after that

wallstreetesq. :

I will research the MASS law to see if it is longer than 1-2 weeks please bear with me.

Customer:

okay

wallstreetesq. :

http://www.malegislature.gov/Laws/GeneralLaws/PartI/TitleXXI/Chapter151A/Section24

Customer:

i'm trying to read and figure out what this means

wallstreetesq. :

From my research, the standard 1-2 weeks is not specific, so you could still file, however if you wait 6 months,

wallstreetesq. :

the calculation of your benefits if allowed would be form your past one year wages

Customer:

so i could wait 6-12 months and they could calculate my benefits based on this past year

wallstreetesq. :

they calculate it base on the past year

Customer:

basically, I'm losing my job this june. If I wait to apply for unemployment until next December or even April 2012, would I be eligible based on my current salary?

wallstreetesq. :

The primary base period that is, the period containing the weeks of work that are first used to calculate unemployment insurance claims is the last four completed calendar quarters immediately preceding the date on which your claim is effective.

wallstreetesq. :

You would be but your earnings are limted, Once you are terminated I would file immediatley to start the claim date.

wallstreetesq. :

Once your claim is established, a benefit credit is calculated. The benefit credit is the total amount of benefits you are potentially eligible to collect during your benefit year if you meet all the other eligibility requirements of the law. Your benefit year is the 52 weeks following the effective date of your claim.

Customer:

and then cancel the claim before I travel?

wallstreetesq. :

Yes, you can state you have a possible position out of the country and provide them evidence, they may allow you to keep the case open until you come back,

Customer:

I see..that's helpful

wallstreetesq. :

You must tell them you are leaving, the important part is to have your effective claim date early.

Customer:

okay

wallstreetesq. :

Also, if you do not take the job abroad, you will have your full unemployment benefits paid to you.

Customer:

okay. I am thinking of teaching english abroad for awhile, but want the option of collecting in case I can't find a job prior to returning (which I most likely won't)

wallstreetesq. :

Teachers are having a problem, but waiting to file would be a mistake, you should file first and look for a job, also, the unemployment office will be sending you on jobs and if you are not hired you continue to receive benefits.

Customer:

why are teachers having a problem?

wallstreetesq. :

They are having a problem finding Jobs in NY and across the nation.

Customer:

I know. I'm a school psychologist in MA

wallstreetesq. :

I would suggest trying to use the unemployment benefits and try a job search that they send you to they may give you a better opportunity to obtain a position than if you did it without their help.

wallstreetesq. :

If you have any further questions please do not hesitate to ask.

Customer:

hmm...that's a thought. I will have to consider that. I don't know what kind of job I'll get when I return

Customer:

they help people find jobs in school systems?

wallstreetesq. :

They would have access to the State openings as they work for the State.

Customer:

it's probably the same openings i would find online.

Customer:

there are a few websites in MA that jobs are posted

wallstreetesq. :

That could be true, but atleast you would be paid for going to the interviews, until the benefits expire.

Customer:

i know..i really need to think about it. i could teach english abroad for awhile and make some money to live on there. just won't have anything when i return

wallstreetesq. :

As a teacher union attorney in NY , I can tell you that if you will not be credentialed to teach english in the State your experience will not help.

wallstreetesq. :

It may be better to try to obtain a State certification in languages or English instead.

Customer:

I don't want to teach English...maybe ESL though

wallstreetesq. :

ESL is better, and their are more jobs in that field, or even special ed.

Customer:

I've been a school psych. for 13 years and work with sped. students.

Customer:

I don't know if I would get a job teaching ESL, but I might...I just got a TEFL certification

Customer:

I thought teaching english abroad would help broaden my horizons. I would also learn spanish

wallstreetesq. :

That would clearly help, but certification if possible would be best.

Customer:

I still have my school psych. experience and certification. I don't know what to do. Just not sure I'll find a job now

Customer:

I have a teach english as a foreign language (TEFL) certification

wallstreetesq. :

You will need to obtain a MASS State certification for ESL, which may not be too hard since you have the TEFL certification, I would explore these options first.

wallstreetesq. :

If you have been satisfied with our service please press the accept button so we can receive credit.

Customer:

okay. thank you!!!!

Customer:

I will accept

wallstreetesq. :

Also, other States are looking for ESL teachers as well.

wallstreetesq. :

Especially on the West Coast.

Customer:

I'd love to live on the west coast :_

wallstreetesq. :

Consider looking into CA, AZ I have many clientss who have left for their.

Customer:

hmmm...I have to see what the certification entails. I wonder if I could find a psychologists position in CA

Customer:

thanks for you help!

wallstreetesq. :

Could be, but it will be in the inner city.

wallstreetesq. :

Good luck.

Customer:

thanks!

wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 15813
Experience: 14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
wallstreetfighter and 7 other Employment Law Specialists are ready to help you

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