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Ray
Ray, Employment lawyer
Category: Employment Law
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Experience:  30 years in Employment law
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I have been laid off due to a downsizing of the company I worked

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I have been laid off due to a downsizing of the company I worked for. Job performance or misconduct were not factors in me being laid off. I am eligible for unemployment benefits in Massachusetts.

1. I was laid off two days ago. June 5th. How long can I wait in Massachusetts before applying for unemployment insurance and still be eligible for benefits? I have enough money, for now, to delay receiving unemployment.

2. If I apply for and get unemployment benefits I realize I have to hunt for and report on at least three jobs I applied for each week.

I had prior plans prior to the layoff to attend an of of state event which will make be unable to job search for approximately two weeks. Am I allowed to apply for and receive benefits, then for a period of time stop the job search, then return from out of state, and start the job search and then continue and receive benefits? Obviously, I would not expect to receive benefits during those weeks when I was not actively job hunting when I was away.

RayAnswers :

Thanks for your questions and good evening.My sympathy here for your situation.

RayAnswers :

Let's go through them.

RayAnswers :

1. I was laid off two days ago. June 5th. How long can I wait in Massachusetts before applying for unemployment insurance and still be eligible for benefits? I have enough money, for now, to delay receiving unemployment.

RayAnswers :

You can file for benefits at any time as long as you have wages on file such that you are otherwise eligible.

RayAnswers :

2. If I apply for and get unemployment benefits I realize I have to hunt for and report on at least three jobs I applied for each week. I had prior plans prior to the layoff to attend an of of state event which will make be unable to job search for approximately two weeks. Am I allowed to apply for and receive benefits, then for a period of time stop the job search, then return from out of state, and start the job search and then continue and receive benefits? Obviously, I would not expect to receive benefits during those weeks when I was not actively job hunting when I was away.

RayAnswers :

Here you have two choices, file not hoping they do not discover you are out of town or wait until you return to file foe UI benefits.One of the conditions of eligibility here is that you be available for work.You may choose to wait until you return here to file for benefits to avoid potential problems ..

RayAnswers :

Here is specific requirements both to file and receive UI benefits here in MA.

RayAnswers :

You can certainly wait until you return here to file for benefits.Then you would have the time to do work search and avoid any problems.

RayAnswers :

That woudl be the safest thing to do given your situation.

RayAnswers :

Thanks for letting me assist you tonight.

RayAnswers :

Please let me know if you have more follow up.

RayAnswers :

It is not a problem.Good luck here I hope you have a good trip and make sure to file when you return.

RayAnswers :

The state maximum benefit in Massachusetts, effective October 7, 2012, is $674 per week for 26 weeks here.This will give you time to look for work.

Customer: Hi Ray. That is good news! So I can delay applying for benefits for
RayAnswers :

Yes you can do this no problem.

RayAnswers :

If you have children and you are their main support, you will also get a dependency allowance. This allowance is usually $25 per child per week. The dependency allowance cannot be more than half of your weekly benefit amount, no matter how many children you have.

Customer: up to how long? Is there a statute of limitations here? That is after
RayAnswers :

No you currently get 26 weeks state UI benefits.There have been at different times federal extensions so that might be longer but no less than 26 weeks(6 monhts)

RayAnswers :

Thanks for the follow up.

RayAnswers :

Good luck and I also hope you can find more work as well down the road.

RayAnswers :

 


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This communication does not establish an attorney-client relationship.Information provided here is not legal advice. Rather it is simply general information.

Customer:

Thank you very much Ray! The most important part of my question was how long I can wait before applying? Do you know if there is a statute of limitations in Massachusetts after being laid off within which I MUST apply for unemployment before losing the benefits which I start hunting for jobs? Thank you. Jeff

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