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Edit: Please sign petition re NY unemployment 3 day law!
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seeker




 
 
 
 

Post  Sun, May 03 2020, 1:00 am
No. I understand it's hard to get what I'm talking about. You get PUA if you don't qualify for regular UI. BUT the rules to get it are the same.

For example:
If you are a full time worker who got laid off and is actively looking for a new job, you can get regular unemployment. However, if you have any work at all, then you lose 25% of your unemployment for each day that you worked, and you need to report if you even worked a tiny bit that day. If you get a job for 2 days per week but you're still underemployed, then you're still getting 50% of your unemployment. But if you work 4 days, then you get nothing. Also, if by any means you earn more than $504 in a week then you get nothing.
If you are self-employed and can't work because COVID shut down your business and now you have your quarantined kids to deal with, then you would not have qualified for regular unemployment but now you qualify under PUA. However, if you have any work at all, then you lose 25% of your unemployment for each day that you worked, and you need to report if you even worked a tiny bit that day. Also, if by any means you earn more than $504 in a week then you get nothing (even if your usual workload would have you earning twice as much, and you are taking care of a family.)

That's what I mean when I say that PUA makes more people eligible and gives more money to the eligible people, but still has the same rules for claiming it.

It is not just me, but I am one of a decreasing number of people still trying to figure it out because most people just realized that it's more profitable to quit work and claim it's due to COVID, and take full unemployment.

I will try to see if there's anyone to talk to at Agudah. There is a sliver of a chance that something is going awry and really the rules are different for PUA but nobody knows that because there is nobody to talk to. People have tried the phones for days and not gotten through, and people get through and get to a person who doesn't know more than they do. But definitely according to everything online and in print, this seems to be the case. I submitted an application, was told that I was approved, and in the paper and website about claiming benefits it says very clearly and very boldly and very threateningly that you must declare any day on which you worked even less than an hour, and each of those days takes off 25% of what you would get.
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amother




Cyan
 

Post  Sun, May 03 2020, 1:03 am
I couldn't even get past page 1 of the application because once I checked off that I worked more than 3 days and earned more than $504, the form automatically wouldn't let me continue.
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amother




Amber
 

Post  Sun, May 03 2020, 1:16 am
seeker wrote:
No, for a couple of reasons:
1. The services I provide are legal mandates (IEPs) and need to be documented.

2. It would be dishonest because in order to certify for unemployment you need to declare that you are unable to work.

However what if you are able to work 2 hours a day and unable to work more than that? Either you're poor or you feel forced to lie. If someone goes the route of claiming they can't work when they really can, then they are getting more tax dollars than they need to and their clients are missing out on services. Plus they're making honest people feel like fools sweating over their work and getting paid less than people who quit. Not sure how long my altruism can hold out.



But since the rules are so completely out of whack, you are indeed unable to work. If working means making less money than being unemployed, and also not making enough money to support yourself, then you are unable to work.

There could be various reasons why a person is "unable to work" and qualify for unemployment. The obvious reason is they can't find a job. Your situation is unique but you are still unable to work because of the crazy way the system is set up whereby taking a job will leave you unable to pay your bills.

Would someone be expected to take a job for $2000 a month when the child care and travel expense is also $2000 a month? Of course not. You're in a similar situation. Your hearts in the right place but you have to put yourself and your family first. Be honest and explain to the parents who your are working with that the unemployment system is messed up and because you lost most of your hours you will forfeit almost all your unemployment benefits if you hold on to the few hours you're left with.
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seeker




 
 
 
 

Post  Sun, May 03 2020, 1:47 am
amother [ Amber ] wrote:
But since the rules are so completely out of whack, you are indeed unable to work. If working means making less money than being unemployed, and also not making enough money to support yourself, then you are unable to work.

Mmmm....no. "Unemployment pays better than working" is not "the reason I'm unable to work."
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amother




Amber
 

Post  Sun, May 03 2020, 2:06 am
seeker wrote:
Mmmm....no. "Unemployment pays better than working" is not "the reason I'm unable to work."


It's not just "unemployment pays better than working". If you were making 15k a month working and unemployment would theoretically pay 20k, I'd agree that this reason for not working isn't valid.

But your situation is different. You won't be able to meet your bills since most of your clients are cancelling. Combined with the fact that you will lose 75% of unemployment benefits if you keep your small caseload, it has left you in a position that you can't keep your job because ultimately it doesn't earn enough to pay the bills.

Would you take a job that doesn't pay enough to pay your bills? In a backward way, keeping this job leaves you in that situation.
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amother




Cyan
 

Post  Sun, May 03 2020, 3:49 am
Amber, you're not realizing that unemployment is temporary and the extra $600/wk is only for a couple of months. So someone who quits in order to make more will be left with no job to go back to when unemployment is no longer worth it in a month or two.
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amother




Khaki
 

Post  Sun, May 03 2020, 8:29 am
Op, I have a question.
According to the DOL, anyone who can telework is not eligible for unemployment.
This would include therapists (seit, speech, ot etc). All agencies are encouraging their therapists to provide teletherapy from home.
Why then are so many therapists filing for unemployment? I understand hours are cut. But if they have the option of working remotely, I thought this disqualifies their eligibility for unemployment.
And one’s children being home from school- well I would not think this is an issue if the parent is teleworking from home. How are therapists using this loophole to avoid teletherapy and go on unemployment?
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amother




Khaki
 

Post  Sun, May 03 2020, 8:38 am
Just to summarize my thoughts, my question is:
Is the childcare/kids home from school eligibility loophole valid if an employee can still telework from home?
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mfb




 
 
 
 

Post  Sun, May 03 2020, 8:40 am
Signed.
Good luck
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amother




Amber
 

Post  Sun, May 03 2020, 8:58 am
amother [ Cyan ] wrote:
Amber, you're not realizing that unemployment is temporary and the extra $600/wk is only for a couple of months. So someone who quits in order to make more will be left with no job to go back to when unemployment is no longer worth it in a month or two.



The school year is over in around 7 weeks. I think the 600 extra payment goes till july. I don't see why a parent wouldn't be sympathetic to the situation if she'd quit and hopefully resume in September. It's not like another therapist is going to step in and take this job.
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seeker




 
 
 
 

Post  Sun, May 03 2020, 12:02 pm
amother [ Amber ] wrote:
The school year is over in around 7 weeks. I think the 600 extra payment goes till july. I don't see why a parent wouldn't be sympathetic to the situation if she'd quit and hopefully resume in September. It's not like another therapist is going to step in and take this job.

It's a little iffy because you're not allowed to claim unemployment for summer if you're a teacher. Not sure if that changed due to COVID. Of course ifyou have a summer job then you cango on that.
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seeker




 
 
 
 

Post  Sun, May 03 2020, 12:09 pm
amother [ Khaki ] wrote:
Just to summarize my thoughts, my question is:
Is the childcare/kids home from school eligibility loophole valid if an employee can still telework from home?

It's a great question. I think the point is that if the children need care, then you can't work remotely while caring for them. Some people's kids legitimately need that much care; others are kind of taking advantage.

I will say that my capacity to work remotely is lower than my ability to work in schools. Even with greatly reduced hours I'm getting huge headaches from all the focusing on screen. Plus the remote sessions are taking a lot more prep and follow up time. There's also a ton of inconsistency where you technically have the work but the kid doesn't show up so you don't get paid. I'm sticking with this aggravation for my current students but taking any loophole I can not to take on new students. I just honestly, legitimately can't.
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amother




Cyan
 

Post  Sun, May 03 2020, 12:34 pm
There are many many workers with this problem who are not in the school system.
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seeker




 
 
 
 

Post  Sun, May 03 2020, 1:22 pm
amother [ Cyan ] wrote:
There are many many workers with this problem who are not in the school system.

THANK YOU. That is the point that many people aren't getting. Every time I share this I get at least a few responses nitpicking on my individual circumstance. That is not what this is about. It is a flawed rule and I THINK (could be wrong) that I explained it well in the petition description.

I'm going to be OK somehow. Many people aren't. And taxpayers and service recipients are going to pay dearly for the fact that the system makes it better for people to quit than to work partially.
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sky




 
 
 
 

Post  Tue, May 19 2020, 9:53 pm
Question: I know someone who just found out this law. Worked 1/2 hr per day and now is getting nothings. it’s a huge loss for her - and she desperately needs the money.

Is she legally allowed to turn down work?
She is given 1/2 hr per day work. She turns it down to get unemployment t.
Unemployment asks if she turns down work. She has to say yes.
So in any case she is messed up and gets nothing?
Or is there a legal honest way around this.
She is very straight and will not stretch the truth.
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amother




Natural
 

Post  Tue, May 19 2020, 11:01 pm
delete

Last edited by amother on Mon, Sep 21 2020, 11:37 pm; edited 1 time in total
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amother




Ivory
 

Post  Tue, May 19 2020, 11:40 pm
amother [ Khaki ] wrote:
Op, I have a question.
According to the DOL, anyone who can telework is not eligible for unemployment.
This would include therapists (seit, speech, ot etc). All agencies are encouraging their therapists to provide teletherapy from home.
Why then are so many therapists filing for unemployment? I understand hours are cut. But if they have the option of working remotely, I thought this disqualifies their eligibility for unemployment.
And one’s children being home from school- well I would not think this is an issue if the parent is teleworking from home. How are therapists using this loophole to avoid teletherapy and go on unemployment?


because teletherapy is a different job than in person therapy. And if you have 3 little children at home and live in a tiny apartment, it is virtually impossible to to do teletherapy. Teletherapy involves a lot of focus on the therapist's end, with a lot of variety in activity and screen sharing etc to keep the student engaged. not possible to do with your own little children around. in normal circumstances, you get a babysitter and go to work AWAY from your own children. dont be so quick to be outraged.
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