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Unemployment Claim...

Posted on 7/2/12 at 3:15 pm
Posted by Zephyrius
Wharton, La.
Member since Dec 2004
9364 posts
Posted on 7/2/12 at 3:15 pm
Do benefits begin when you file or when you lost employment?

How do they verify employment/ lost employment?

Is there future negative consequences filing against an employer?

I have never been out of work this long but considering filing...
Posted by mglsu21
Prairieville
Member since Jun 2012
1277 posts
Posted on 7/2/12 at 3:35 pm to
Unfortunately benefits begin 1 week after filing, not when you became unemployed. The reason for the week is because LA has a "week of waiting" after you file but before you receive benefits.

They will contact your former employer for a statement of why you no longer work there. If you were fired, the burden of proof is on them to say that you performed some type of misconduct.

If you quit, then the burden of proof is on you to prove that you quit because there was a "substantial change made in your employment by your employer". I.E. they lowered your pay, changed your hours, working conditions suffered, etc, etc.

If you were laid off, then you will receive benefits after enough time has passed to cover any severance package you received. I.E if given a $3000 severance and your weekly benefit amount is $258/week then you cannot receive benefits for 12 weeks. Not sure how that would factor in with you not filing for a while after separation.

Should not be any future consequences. Unless you receive benefits for a little while, get a job, then are unemployed again. You cannot double dip in the current "base period" (basically the past 1.25 years).

Hope that helps.
Posted by LNCHBOX
70448
Member since Jun 2009
88711 posts
Posted on 7/2/12 at 3:39 pm to
quote:

Do benefits begin when you file or when you lost employment?


When you file. I waited 4 months before I needed to use tax payer dollars, and stayed on for 6 weeks.

quote:

How do they verify employment/ lost employment?


Not sure right now, but they have a way. I just found out they are auditing me because supposedly I claimed a week that I worked, which is complete BS because I stopped claiming two weeks before my first day on the job.

quote:

Is there future negative consequences filing against an employer?


Again, not sure, but I worked for the state, so I have no idea about private companies.

quote:

I have never been out of work this long but considering filing...


I say don't do it unless you have to, but it seems like you have good intentions. Be careful though, apparently they audit people that use it responsibly
Posted by iwasthere
New Orleans
Member since Jul 2010
1913 posts
Posted on 7/2/12 at 4:34 pm to
quote:

How do they verify employment/ lost employment?


I don't know how they initially verify, but In response to other poster about an audit.

They will send a letter to your former employer. Your former employer puts down your pay rate, how often, employment period, and then there is a section that has days(kinda like a calender). They have to circle the days that you worked. If they overlap with unemployment benefits, and you didn't claim the money, you will have to pay money back and possibly be denied future unemployment benefits for e period of time.

quote:

Is there future negative consequences filing against an employer?


No there isn't.

quote:

I have never been out of work this long but considering filing


I do not understand why people wait to get benefits you are entitled to. For those of us that work hard and play by the rules, we should never dig into savings or other means without first exhuasting unemployment benefits. If lazy arse people with no job can use my tax money for whatever they want, I damn sure will use my tax money for unemploymeny while out of work.
Posted by LNCHBOX
70448
Member since Jun 2009
88711 posts
Posted on 7/2/12 at 5:38 pm to
It may just be that I'm exhausted, but I don't understand what you're trying to say about the calendar and overlap. I don't see how there would be any overlap. I didn't work from 12/15/11 through 6/4/12.

The last UI benefit I was paid was the week prior. So technically I Stopped claiming a full week before I should have. I don't see where they could possibly see any overlap.

I just love that I use it responsibly and get audited, and the thousands of people who make a career out of living off the government drive their Esalades from their government provided housing to the grocery to use their food stamp card. Really pisses me off.
Posted by aaronb023
TeamBunt CEO
Member since Feb 2005
11774 posts
Posted on 7/2/12 at 6:12 pm to
quote:

Not sure right now, but they have a way. I just found out they are auditing me because supposedly I claimed a week that I worked, which is complete BS because I stopped claiming two weeks before my first day on the job.


i just got one of these letters. i filed on a monday for the week before. started work on tuesday. didnt get a pay check for 2 weeks after that. they can suck it
Posted by iwasthere
New Orleans
Member since Jul 2010
1913 posts
Posted on 7/2/12 at 7:36 pm to
Most people get audited. When you get a new job in Louisiana, your new employer is required to enter you into the new hire database. I do it online through their site. When this is done, you are not required to put date hired. They may not have put that but it will show that you were hired in the month of June. Now, your employer will get a letter that i described. On it, there will be a section that looks like a calendar. It will have the days of the month with the month next to it. It usually shows about 2-5 weeks on it. This depends on when you filed for benefits. If you filed up to 6/4/12, it might go from 5/20/12-6/6/12. Your employer just circles any days that you worked. If it overlaps and you didn't claim the wages, you get in trouble. If none of the days overlap, you are good. You are also good if it overlaps, but you claimed your wages. Don't blame the system and don't think you are even close to the only one. When we have new hires, I usually receive a letter on them probably 80% of the time
Posted by GFunk
Denham Springs
Member since Feb 2011
14970 posts
Posted on 7/2/12 at 8:24 pm to
quote:

Most people get audited. When you get a new job in Louisiana, your new employer is required to enter you into the new hire database. I do it online through their site. When this is done, you are not required to put date hired. They may not have put that but it will show that you were hired in the month of June. Now, your employer will get a letter that i described. On it, there will be a section that looks like a calendar. It will have the days of the month with the month next to it. It usually shows about 2-5 weeks on it. This depends on when you filed for benefits. If you filed up to 6/4/12, it might go from 5/20/12-6/6/12. Your employer just circles any days that you worked. If it overlaps and you didn't claim the wages, you get in trouble. If none of the days overlap, you are good. You are also good if it overlaps, but you claimed your wages. Don't blame the system and don't think you are even close to the only one. When we have new hires, I usually receive a letter on them probably 80% of the time


If you aren't entering a hire date when you enter their info into the NDNH you are not doing it properly.

Also, everyone is NOT audited.

Other than, fairly accurate info in this thread re UI Benefits, except your employer pays into this fund so if by taxpayer dollars you mean the business that employed you before being separated from said employment, then you are correct.

Anyone not verified as a layoff will have LWC contact their employer for a statement re separation.

Just because you don't get paid your first week on the job does not mean you can claim that week. The Agency safeguards typically catch you and will hold you overpaid. Not worth it.
Posted by LNCHBOX
70448
Member since Jun 2009
88711 posts
Posted on 7/3/12 at 8:26 am to
quote:

If it overlaps and you didn't claim the wages, you get in trouble


Why do you get in trouble if they don't overlap? I would think that a claim overlapping when you work would get you in trouble.
Posted by HeadyMurphey
Los Santos
Member since Jan 2008
17277 posts
Posted on 7/3/12 at 9:06 am to
quote:

I waited 4 months before I needed to use tax payer dollars


Since when is tax payer dollars used?
Posted by LNCHBOX
70448
Member since Jun 2009
88711 posts
Posted on 7/3/12 at 9:07 am to
quote:

Since when is tax payer dollars used?


Since I worked for the state. I assume since my pay comes out of tax dollars, any UI would also.
Posted by GFunk
Denham Springs
Member since Feb 2011
14970 posts
Posted on 7/3/12 at 9:11 am to
quote:

LNCHBOX
quote:



Since I worked for the state. I assume since my pay comes out of tax dollars, any UI would also.


Your employer pays business taxes just like anyone else. A large majority of state employees are paid through federal matching funds or grants which still doesn't really pass muster when applied to your thinking.

Unemployment Claims are paid by business owners based on their UI Tax rate, which is calculated using some arcane methods that I'm not going to get into here.

But rest assured you are not bilking taxpayers for anything that's not a federally guaranteed benefit that is in place for you to use for the express purpose you used it for.
This post was edited on 7/3/12 at 9:12 am
Posted by LNCHBOX
70448
Member since Jun 2009
88711 posts
Posted on 7/3/12 at 9:18 am to
quote:

But rest assured you are not bilking taxpayers for anything that's not a federally guaranteed benefit that is in place for you to use for the express purpose you used it for.


You seem to know a lot about this. Can you share any insight as to why I have been audited. Like I said, I didn't even make a claim for the week before I started working, so I don't really understand how there could be an issue.
Posted by iwasthere
New Orleans
Member since Jul 2010
1913 posts
Posted on 7/3/12 at 10:51 am to
quote:

If you aren't entering a hire date when you enter their info into the NDNH you are not doing it properly


The website doesn't require you to enter the hire date, so how is that not doing it properly?

To the OP..
When I say overlap and claim wages, wages means money earned from the job not unemployment. So, if you claim for unemployment benefits and claim your wages from work, you are good if the dates overlap. You probably got audited because either your employer didn't enetr your date hired(it may only show June without a specific date) and this could show an overlap, or because the dates are within a week or two, it is to be safe. Alot of fraud comes from people still claiming unemploymeny during their first week of work without claiming their wages from the job. So to be safe, they will usually audit if within a few weeks.

And yes, tax dollars do help pay for unemployment. Not all money collected from the business covers all unemployment. Also for extended unemployment comes from your Federal taxes. Some companies are in the positive and some are in the negative. When in the negative, they get this money from taxes on other businesses and/or individual taxpayers.
Posted by GFunk
Denham Springs
Member since Feb 2011
14970 posts
Posted on 7/3/12 at 11:00 am to
quote:

LNCHBOX
quote:



You seem to know a lot about this. Can you share any insight as to why I have been audited. Like I said, I didn't even make a claim for the week before I started working, so I don't really understand how there could be an issue.


I suggest you use the 800 number on the letter you got. I've heard many of those letters were recently sent out. Like any mass-mailing, sometimes mistakes can happen.

Or so I've been told.
Posted by Zephyrius
Wharton, La.
Member since Dec 2004
9364 posts
Posted on 7/3/12 at 3:57 pm to
I've looked into UI some... does sending out resumes to job openings from online employment services(ie monster and indeed) count towards "proof of seeking" work?

Also if employers are paying into a fund already and I've have been actively seeking work why not pay back benefits from when I lost employment... I had no intention of being unemployed this long and I have the documentation to prove I was actively seeking work...

It seems if it was innocent and deserving as advertised back pay of benefits shouldn't be an issue.
Posted by CaptainBrannigan
Good Ole Rocky Top Tennessee
Member since Jan 2010
21644 posts
Posted on 7/3/12 at 4:00 pm to
quote:

Is there future negative consequences filing against an employer?


Just hope you worked for a good employer. They can lie about why you were let go and the state will side with them 99.99% of the time.
Posted by LNCHBOX
70448
Member since Jun 2009
88711 posts
Posted on 7/3/12 at 4:08 pm to
quote:

does sending out resumes to job openings from online employment services(ie monster and indeed) count towards "proof of seeking" work?



I did this and never had any issues with regard to seeking employment.
Posted by GFunk
Denham Springs
Member since Feb 2011
14970 posts
Posted on 7/3/12 at 4:58 pm to
quote:

CaptainBrannigan
quote:



Just hope you worked for a good employer. They can lie about why you were let go and the state will side with them 99.99% of the time.


This is absolutely, 100% untrue. I guarantee you any amount of money or collateral you value that I can disprove this.

The law is to be expressed as to give the benefit of the doubt to claimants in almost every situation. I would in fact say its the exact opposite of your assertion.

The amount of employer documentation, fact-finding etc that's required to deny a claim is very difficult. It really requires your office staff and/or HR for a business to remain consitsently on their toes in terms of documentation.

Business owners need strong office management practices in place to make sure the documentation occurs because if its not there a claimant's going to breeze his or her way to benefits.

This is purely my opinion however. Its just that-and I'll try to graciously exit the discussion at this point-my opinion is probably far, far more informed than is yours.
This post was edited on 7/3/12 at 4:59 pm
Posted by iwasthere
New Orleans
Member since Jul 2010
1913 posts
Posted on 7/3/12 at 5:04 pm to
I agree with you on this.
Any time you leave a company for whatever reason, get a pinkslip. This will give you your basis and they can't lie. Also, when we have someone that is no longer with us file for unemployment, we get a letter and have to provide the reason they were let go. We always give a pinkslip that way if we need to disprove it we can.
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