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Q. I am going to be laid off next week; can I file my unemployment claim now so my claim is ready?
A. No. If you are employed full-time, you cannot file an unemployment claim. Claims filed before separation from employment are not valid because you are considered to be "Employed Full-time." You cannot file an unemployment claim until you become unemployed or partially unemployed.
Q. Does my Pension or Social Security affect my claim?
A. Social Security Retirement benefits do not affect your unemployment benefits.
If you are eligible to receive a pension from an employer that is included on your unemployment claim, the benefits may be reduced. The term "pension" includes benefits paid in a lump sum, such as 401K, as well as pensions that are paid on a monthly basis. If you have applied, received or expect to receive a pension, a claims examiner appointment will be scheduled to discuss the pension. If you contributed the entire cost of your pension, your unemployment benefits will not be reduced. If you and your employer contributed to the pension, 50% of your weekly pension amount will be subtracted from your unemployment benefits. If your employer contributed the entire cost of your pension, your unemployment benefits will be reduced by 100% of your weekly pension amount.
Q. Should I wait until my severance pay ends to file a claim?
A. No, because some severance/separation payments do not extend employment. You should file your claim after you stop working full-time. Payments that do not extend employment include severance payments based on years of service with an employer. However, salary continuation through termination and payments in Lieu of Notice, do extend employment. When you file your claim by telephone, the agent will review all separation payments with you before the claim filing process is completed. If you file your claim via the Internet, and it appears that your payment for periods after your last date of work may affect your unemployment benefits, you will be scheduled for an interview with a claims examiner.
Q. I currently have a H-1 B visa but have lost my job; am I eligible?
A. H-1B visa holders are authorized to work in the United States for one specific employer. If you are permanently separated from that employer and your alien status has not changed, you cannot legally work for another employer and you would be ineligible for benefits. You may be eligible for benefits if you are on a temporary layoff from your employer with a definite return-to-work date.
Q. Will I still receive benefits if my employer files an appeal of my unemployment claim?
A. If you were determined eligible for benefits, you will continue to receive your benefits as long as you meet all other requirements. If the decision is in favor of the employer, you may be required to repay all or part of the unemployment insurance benefits that have been paid to you.
Q. Do I have to accept a job that pays less than I used to earn?
A. While you are collecting unemployment benefits, you are expected to accept suitable work when it is offered or you could be denied benefits for four weeks. Suitable work depends on your work history, salary, skills, commuting distance, etc. If you remain unemployed for an extended period of time, you will be expected to revise your minimum job requirements. You may be required to travel a greater distance, accept a different type of job or accept a lower starting salary.
Q. Can I receive benefits during the summer if I am a school employee?
A. Employees paid by a non-profit private school, a public school, or a college, who have a reasonable assurance of returning to work after a school recess or holiday period, may not be eligible for benefits. However, if you had non-school employment with sufficient wages to establish a claim, you may be eligible for benefits.
If you work for a private contractor, which provides bus drivers, cafeteria services, etc, you may be eligible for benefits and should apply for benefits.
Q. If a company relocates and offers me a job at the new location, do I have to take it?
A. If the distance you have to travel to accept this offer of employment creates an undue hardship or the job duties or hours of work significantly change, then you may be able to refuse the new job and receive benefits. A claims examiner will review your reasons for not relocating and determine if you are eligible.
Q. Can I collect on my original claim if I start a new job and it does not work out?
A. A claims examiner appointment is scheduled if you decide to leave a new job after accepting it. Your reasons for leaving the new job are evaluated to determine if benefits are payable.