Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

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

Customer Question
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: 7 months ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 5 minutes by:
12/14/2017
Employment Lawyer: Law Educator, Esq., Attorney replied 7 months ago
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 125,998
Experience: 20+ Years of Employment Law Experience
Verified

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.

 

What is your question about for us?

Ask Your Own Employment Law Question
Customer reply replied 7 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 7 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.

 

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Ask Your Own Employment Law Question
Customer reply replied 7 months ago
How do you file and interstate claim?
Employment Lawyer: Law Educator, Esq., Attorney replied 7 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.

 

 

Ask Your Own Employment Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an employment lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 125,998
125,998 Satisfied Customers
Experience: 20+ Years of Employment Law Experience

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

13,334 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,490 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,478 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

4,029 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,893 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Employment Law Questions
Can I collect unemployment when I take. Voluntary severance
Can I collect unemployment when I take. Voluntary severance package? Severance is paid out in lump sum … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
86 satisfied customers
One of my employees that I just terminated entire personel
One of my employees that I just terminated entire personel file is missing. I found out once she filed for unemployment and I went to look for her records and its the only file that is missing what do… read more
ScottyMacEsq
ScottyMacEsq
Lawyer
Doctoral Degree
2,893 satisfied customers
I am under investigation for altering a date in a document
Hi I am under investigation for altering a date in a document what are my options? … read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
I operate two small companies. I want to re my first
I operate two small companies. I want to hire my first employee. I would like him to work part time at one company, but occasionally work full time at the other company (for a few months at a time) wh… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
13,334 satisfied customers
I have recently moved my wife and kids from outside the US.
I have recently moved my wife and kids from outside the US. My wife is having an extreme hard due to culture inability to speak English, loneliness and lack of help with two children 2-year-old and ei… read more
PhillipsEsq.
PhillipsEsq.
Attorney
JD
822 satisfied customers
hello im writing from nyc. i have unusual case that id like
hello im writing from nyc. i have unusual case that id like to find out more about. i worked at my job since march 15 2013, at first it was a part time job due to weather and i worked 3/3,5 days. even… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
125,998 satisfied customers
My situation in Oregon. Im currently on payroll and have insurance
My situation in Oregon. I'm currently on payroll and have insurance with my primary employer. Unfortunately they have not had any regular work for me in the past month. I've been called up for three d… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
I was just fired, and Im trying to get my own business (S
I was just fired, and I'm trying to get my own business (S corp) off the ground, but it has not made enough money to show a profit yet. Would I be eligible for benefits until the corporation posted a … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
13,334 satisfied customers
In NYC, under FMLA a leave of absense is 12 weeks however my
In NYC, under FMLA a leave of absense is 12 weeks however my employer said 6 weeks. After maternity leave I cannot return to work full time and ask for part time. The part time request is denied. I ca… read more
retirementlawyer
retirementlawyer
Attorney
Doctoral Degree
1,606 satisfied customers
I am a full time respiratory therapist, working in a hospital.
I am a full time respiratory therapist, working in a hospital. Recently, because of low patient census, they are telling us not to come in to work and to use our vacation time. Some of us are out of v… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
i am 73 years old and am receiving my retirement pension. At
i am 73 years old and am receiving my retirement pension. At the same time i am still fully employed and still contributing to social security. if I am terminated from my full time job due to cost red… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
I have worked in the marketing/advertising business for the
I have worked in the marketing/advertising business for the last three years. I was laid off last April and have been collecting unemployment since. I hold an active Real Estate License in Illinois an… read more
ScottyMacEsq
ScottyMacEsq
Lawyer
Doctoral Degree
2,893 satisfied customers
I am a full time status employee but have been forced to leave
I am a full time status employee but have been forced to leave putting my hours at part time status.Can I file for unemployment to make up my wages.I am one of many.We are union but union will do noth… read more
LawTalk
LawTalk
Attorney at Law
Juris Doctor
3,071 satisfied customers
My job was changed from a work at home job to a work on-site
My job was changed from a work at home job to a work on-site job. I had to take a FMLA due to my daughter's chronic mental illness and not being able to work from home. My employer is telling me if I … read more
retirementlawyer
retirementlawyer
Attorney
Doctoral Degree
1,606 satisfied customers
Can you get unemployment if you are forced to resign? My employer
Can you get unemployment if you are forced to resign? My employer (a board of directors non profit) wants me to go from full time to part time because our budget and cash flow is in crisis. They even … read more
AttorneyTom
AttorneyTom
Attorney at Law
Juris Doctor, BSBA
1 satisfied customers
My husband is a designer; we live in CT. He lost his job 4
My husband is a designer; we live in CT. He lost his job 4 months ago and has been collecting UI insurance. He has the opportunity to apply for a freelance job in Massachusetts that could last a month… read more
JB Umphrey
JB Umphrey
Lawyer
Juris Doctor
6,273 satisfied customers
im on umemployment and i have a part time job who have cut
i'm on umemployment and i have a part time job who have cut my hours back to 10-15 sometimes 17 a weel if i quit my job due to lack of hours will i louse my uneployment?… read more
Judith
Judith
Owner
Doctoral Degree
459 satisfied customers
My husband recentley had a hip replacement. He has now been
My husband recentley had a hip replacement. He has now been released to go back to work full duty with restrictions that are now forever. A 75 lb weight limit. (This is forever, not temporary) His wor… read more
John
John
Trial Lawyer
Post-Doctoral Degree
688 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x