Employment Law

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I have a question about unemployment. But that’s not the…

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I have a question...

I have a question about unemployment

Lawyer's Assistant: Have you documented this or discussed it with HR?

Yes. But that’s not the issue. The issue is I have a complicated situation and I need to know if I can get unemployment

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

It was full time

Submitted: 4 months ago.Category: Employment Law
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Answered in 5 minutes by:
12/14/2017
Employment Lawyer: Law Educator, Esq., Attorney replied 4 months ago
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 123,279
Experience: 20+ Years of Employment Law Experience
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only. Please feel free to ignore any phone service request, the expert does not send those unless asked by customer and they are sent by the site automatically.

 

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Customer reply replied 4 months ago
I have two jobs. One for a California company, and one for a company in NY. But I live in Florida. I was fired from the company in California. I want to collect unemployment, but I am not sure where to file, or if I can because of the two jobs, the base pay for the California job was $3,500 including commissions approx 5k the job in NY is 4K
Employment Lawyer: Law Educator, Esq., Attorney replied 4 months ago

Thank you for your reply.

 

If you are making more in your second job than you would in unemployment and the fact is you are still working, you would not qualify for unemployment. If you filed for unemployment, they will ask if you are working, you have to admit you are working and earning income from work from the NY job and as such you would not qualify for benefits for losing your second job.

 

You would actually need to file an interstate claim in FL since you are working and living in FL for an out of state company. FL has to investigate your employment and would pay you benefits if you had qualified.

 

However, because you have employment still, you would not qualify for benefits I am afraid even though you lost one of two jobs.

 

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Customer reply replied 4 months ago
How do you file and interstate claim?
Employment Lawyer: Law Educator, Esq., Attorney replied 4 months ago

Thank you for your reply.


If you reside in FL, you need to contact FL unemployment and inform them you have an interstate claim from working in CA and you live in FL. They will open the claim, but you need to disclose your employment in NY and if you do not, you would be committing fraud. If you disclose you are making $4K a month from your NY job, then FL will disqualify you from benefits, but you can still apply if you insist.

 

An interstate claim is where a person lives in one state but as employed in another state. You have to file the claim in your state of residence and they then collect from the state you were employed in for reimbursement.

 

 

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