Can I continue to collect NY unemp if I go out of country?

amother

Wed, May 27 2020, 7:53 am

We have a lot of family in EY" including my parents and since I am not working and DH is remote, we would like to go to EY" for the summer. Is it legal to continue collecting unemp during that time? WWYD?

amother

Maroon

Wed, May 27 2020, 7:58 am

labor ny gov site

Q: What if I leave the area?

A: If you leave your normal labor market to travel to another area, you must call the Telephone Claims Center before you leave. They will tell you whether your benefit rights can be protected while you are away. You could lose your benefits if you fail to advise the TCC before you leave. Also, when you travel to a foreign country (except Canada), you should not use our web or phone systems to claim benefits while you are in the foreign country. If we learn that you received benefits while outside of the United States, we will issue an overpayment determination. That makes you liable to repay any benefits that you were not entitled to receive.
You are in a foreign country when you go outside of the United States or a U.S. Territory (except Canada). Claimants may file for UI benefits From Canada using our web or phone systems. However, if you plan to leave your normal labor market to travel to Canada, you still must call the Telephone Claims Center before you go.

amother

Cerise

Wed, May 27 2020, 10:23 am

I know someone who did this last year from New Jersey and was caught. The IP address and phone number showed up as out of the country and was flagged.
I personally did it many years ago (young and dumb and unaware of the consequences) and got away with it.
WIth the updated technology today I would be afraid

Motherhood

Wed, May 27 2020, 10:26 am

When you claim weekly benefits, one of the questions are “were you able and willing to work this week”, the answer to that would have to be “no” if you leave the country. You were obviously not able to work the week you were out of the country.

amother

Oak

Wed, May 27 2020, 10:28 am

amother [ OP ] wrote:

Every week they ask questions whether you were willing and able and available to work. If you're not in the country, then you weren't available to work.

It says on their website when collecting unemployment you're supposed to be actively looking for work, you're supposed to document how you searched for work - maybe three work searches per week, or something like that.

Now in the pandemic there are looser guidelines since people are stuck at home due to the pandemic. but if you leave town then you might not be eligible. How can you say you were available and actively searching for a job if you were out of the country?

DrMom

Wed, May 27 2020, 5:37 pm

I would hope that living off unemployment while you vacation abroad is not allowed. Otherwise there's something screwed up with yet another governmental system.

Even if you are "visiting family" and not "vacationing," I wouldn’t think that would be allowed. The optics sure aren't great.

SixOfWands

Wed, May 27 2020, 5:45 pm

DrMom wrote:

OTOH, there is no reason that she can't network electronically, contact people, send out resumes and have zoom interviews from abroad. So long as she's reasonably available, looking for work, and would return if she found a job.

DrMom

Wed, May 27 2020, 5:56 pm

SixOfWands wrote:

Hmmm, okay, you have a good point.