Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

Qualifying for a new period of unemployment insurance.

Qualifying for a new...

Qualifying for a new period of unemployment insurance.

Lawyer's Assistant: Was this unemployment issue discussed with a manager or HR? Or with a lawyer?

Neither, I have been on unemployment for the maximum base period in one year and I want to open a new claim.

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

At will.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Hi,I’ll ask my question upfront so you don’t have to read all the details if they are unnecessary.A). Do you think I’ll have any trouble opening a new unemployment claim for a new 52 week period when my current benefits period ends?
B.) How soon / when should I apply for the new claim?My current unemployment benefits year ends this March.
03/26/2017 - 03/24/2018, and I will deplete the benefit funds exactly then as well.I have met all my requirements for job searches every week and logged on and certified for each week and am in good standing for all my obligations in the current benefits period.I worked and made enough money to qualify for maximum benefits in all of the 4 quarters they would use to see If I qualified for unemployment insurance, whether I apply for a new claim in March 2018 or April 2018.In other words, I worked full time all 4 quarters from October 2016 to September 2017 for a March application, and full time all four quarters from January 2017 to December 2017 for an April application.I think this means I will have no trouble applying for and getting a new claim benefits period when the current one ends???…Explanation of my work situation during my current benefits period:
The reason I have full time employment for quarters during my claim, was that I initially made the claim in March 2017 for reduced hours, but hours picked up and I never certified for any benefits. I then lost the job in September 2017 and had to reopen the same claim (as you can only have 1 claim in a 52 week period).Thanks very much.

Show More
Show Less
Ask Your Own Employment Law Question
Answered in 9 hours by:
2/15/2018
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 125,784
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.

If you collected unemployment on your claim from 2016 and then you were employed in 2017 at another job and you lose your job in 2018, you can apply for unemployment under the new claim. So, as long as you have earnings in the quarters in 2017, you can file a new benefit claim for a new base period. You would file not sooner than one week after you become unemployed. You would file in April under your new base year.

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 5 months ago
Thank you. I think the

Thank you for your reply.

It seems your reply may have been cut off.

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 5 months ago
Thank you.I’m horrible at being succinct in these explanations.Please bear with me.So, I think the “... as long as you have earnings in the quarters in 2017, you can file a new benefit claim for a new base period.” of your answer still applies to me but it was not from a claim in 2016.The claim benefits period is March 2017 - 2018.I filed in March 2017 for reduced hours but didn’t certify for any benefits as hours picked up. I lost the very same job in September 2017If I apply again in a April 2018, having not found work in the six months since becoming unemployed in September 2017, CA UI uses the highest paid quarter from From 2017 for that April claim. And, I was employed he first 3 quarters of 2017, the 9 months of January through September, with enough earnings to qualify for the highest benefits amount.So — one job — opened claim in March 2017 for reduced hours — never certified as hours weren’t reduced after all — lost very same job September 2017 — can apply for new claim in April 2018 — have worked enough in the base period they use for an April 2018 claim (which is the first 3 quarters of 2017) at the same job I lost at the end of that 3rd quarter, September 2017.I think based on “as long as you have earnings in the quarters in 2017, you can file a new benefit claim for a new base period” still applies and I would be eligible / shouldn’t have a problem opening or getting a new claim in April. (I’m not quoting you implying you’ve made a guarantee, just as the educational concept both you, and myself before I wrote you, seem to think applies in this instance - unless I’m misinterpreting or the clarifications I’ve made change the matter.)Thanks much.

Thank you for your reply.

In order to have a claim March 2018-2019, a new claim, you had to work and earn at least one quarter in 2017, since the first claim, so that they can calculate benefits for the new base period on the new claim, which I what I am trying o tell you. Since you filed the last claim, you have to have earnings in subsequent at least 1 quarter to qualify for a new claim, which would likely be less than your current benefits if you earned less in the new base year.

Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 125,784
Experience: 20+ Years of Employment Law Experience
Verified
Law Educator, Esq. and 87 other Employment Law Specialists are ready to help you
Ask your own question now
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: 125,784
125,784 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
I live in CT, had a prior unemployment acct, then got a temp
I live in CT, had a prior unemployment acct, then got a temp job in NY state for the past 6 mos, which may end. If I end up without work again, I would much rather file in my home state where I have t… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I have a question about unemployment benefits in Texas.
i have a question about unemployment benefits in Texas … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
125,784 satisfied customers
I worked at a seasonal job from December 2015 until
I worked at a seasonal job from December 2015 until end-April 2016. After the job ended, I filed for unemployment benefits in New York State, and received $418 a week for 26 weeks, the maximum term al… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
If a person quits in december, then gets another job in
if a person quits in december, then gets another job in january, then gets laid off in march, can he still collect unemployment?… read more
Ray
Ray
Lawyer
Doctoral Degree
33,288 satisfied customers
I live in Florida and have been out of work prior to March
I live in Florida and have been out of work prior to March 2016. ON march 7 2016-Oct 1(when I will be laid off), I worked for same company. Will I be eligible to collect unemployment benefits?… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
125,784 satisfied customers
Florida Reemployment Assistance I am preparing to terminate
Florida Reemployment Assistance I am preparing to terminate a part-time employee. Would the base period then be April 21, 2014 through December 31, 2017? What are the earnings requirement? Thanks.… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I collected unemployment benefits in Ohio 5 years ago after
I collected unemployment benefits in Ohio 5 years ago after collecting them for 99 weeks. Can I collect these benefits now with a new claim? Thanks. Don… read more
Attorney2020
Attorney2020
Lawyer
2,480 satisfied customers
I was off April and receiving unemployment until September.
I was laid off April and receiving unemployment until September. I started my new job in September but was laid off from there in October. I reopened my claim in November and received benefits until t… read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers
I quit a job I had from January 2012 to July 2012. I was
I quit a job I had from January 2012 to July 2012. I was denied unemployment at that time. I found a new job in September but it's seasonal and I will be laid off by the end of October. Would I be eli… read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
can a part time worker who gets laid off receive unemployment
can a part time worker who gets laid off receive unemployment benefits? If so any requirement on how many hours he worked or how many weeks?… read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
I am a retired federal employee living in NJ. Since I took
I am a retired federal employee living in NJ. Since I took an early retirement in 2006, I have worked on and off as a Federal Contractor mostly in PA. I was on unemployment compensation out of PA, unt… read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
We are in Utah and are going to let an employee go who is still
We are in Utah and are going to let an employee go who is still under the 90 day probationary period for non performance. Will we have to pay unemployment if this employee files a claim with the state… read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
Are part time employuees eligible for unemployment? CAN
Are part time employuees eligible for unemployment? CAN YOU TELL ME WHERE I CAN FIND A REFERENCE FOR THIS?… read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
I have been out on disability for 9 weeks and have been let
I have been out on disability for 9 weeks and have been let go from work because of it. can I apply for unemployment if I well enought to go back to work?… read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
Reduction in workforce from Merck...lost job in March 2009.
Reduction in workforce from Merck...lost job in March 2009. Had severence until Sept. of 2009 ...began unemployment insurance in Oct 2009 continued through January 2011..started new job as 1099 in Jan… read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
When you determine how much you can receive on unemployment
When you determine how much you can receive on unemployment for NYS, do you add the months together in that base period. Example for base period 1 jan-march 31 if i made $3200 a month before taxes is … read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
I was on disability for 11 months and was laid off the day I was released from disability
I was on disability for 11 months and was laid off the day I was released from disability (March 15th). I worked for the company (in CA) for 16+ years. When I apply for unemployment : *what base pay d… read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
I live and work in Texas I started work at my current company
I live and work in Texas I started work at my current company as an independant contractor on June 16th of 2009. I worked full time (40 hours or more) every week, until I converted to full time Novemb… read more
Anne_C
Anne_C
Attorney
Doctoral Degree
13 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