Is my understanding of Unemployment insurance correct?

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knightrider
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Is my understanding of Unemployment insurance correct?

Post by knightrider » Thu Aug 31, 2017 11:00 am

My wife and I worked in Illinois until 6/1. On 6/1 I started a new job in New York. My wife moved to NY with me and continued to work from home. Then she resigned and her last day is tomorrow. Her company tried to find her a suitable position in NY , but was not successful.

I believe she is entitled to unemployment benefits because she resigned due to my job transfer. Do we apply for benefits through Illinois's website? Or does she have to do it in person? I am assuming we don't do anything with NY unemployment office?

neilpilot
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Re: Is my understanding of Unemployment insurance correct?

Post by neilpilot » Thu Aug 31, 2017 11:33 am

Based on state of AR laws, no. "Unless her reason for quitting involves fault on the part of the employer, she is disqualified from receiving benefits.

Quitting for personal reasons, like moving to a new town, is not the employer’s fault. Even if it seems like “Good Cause,” it is not created by the employer. So you will not get benefits."

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KlingKlang
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Re: Is my understanding of Unemployment insurance correct?

Post by KlingKlang » Thu Aug 31, 2017 11:40 am

For what it's worth here is the link to the Illinois Unemployment Insurance handbook: http://www.ides.illinois.gov/IDES%20For ... LI105L.pdf

Yes, if she was eligible for unemployment benefits it would be through Illinois and not New York. There is a clause about "the need to accompany a military spouse or a spouse who is relocating due to employment".

So your wife's Illinois company was allowing her to work remotely from New York and she resigned anyway? Personally I think that that would eliminate her eligibility. If her old company is willing to cooperate, the magic phrase that the unemployment bureau is looking for from them is "Laid off for lack of work".

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dm200
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Re: Is my understanding of Unemployment insurance correct?

Post by dm200 » Thu Aug 31, 2017 11:42 am

knightrider wrote:
Thu Aug 31, 2017 11:00 am
My wife and I worked in Illinois until 6/1. On 6/1 I started a new job in New York. My wife moved to NY with me and continued to work from home. Then she resigned and her last day is tomorrow. Her company tried to find her a suitable position in NY , but was not successful.

I believe she is entitled to unemployment benefits because she resigned due to my job transfer. Do we apply for benefits through Illinois's website? Or does she have to do it in person? I am assuming we don't do anything with NY unemployment office?
The details are very state dependent - both state of residence and state of last employer. I would inquire or file in NY State. Years ago, for example, I was downsized from an employer at a Washington DC location, but I lived (as I do now) in Virginia. I filed for unemployment in Virginia and collected under the DC rules (as applicable).

Rupert
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Re: Is my understanding of Unemployment insurance correct?

Post by Rupert » Thu Aug 31, 2017 11:42 am

Only a few states would label your fact pattern "good cause." See http://www.nolo.com/legal-encyclopedia/ ... 32450.html. So you'll need to contact the unemployment offices in both Illinois and New York to determine eligibility.

Rupert
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Re: Is my understanding of Unemployment insurance correct?

Post by Rupert » Thu Aug 31, 2017 11:44 am

neilpilot wrote:
Thu Aug 31, 2017 11:33 am

Quitting for personal reasons, like moving to a new town, is not the employer’s fault. Even if it seems like “Good Cause,” it is not created by the employer. So you will not get benefits."
This statement actually isn't accurate. Some states will pay unemployment benefits to an employee who quit because their spouse found a new job in another state. You can file an interstate application for unemployment benefits under those circumstances in those states.

warner25
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Re: Is my understanding of Unemployment insurance correct?

Post by warner25 » Thu Aug 31, 2017 11:45 am

In case it applies to anyone else reading this, one exception, I believe, exists for spouses of active duty service members who leave a job due to moving on PCS orders. I think this is a relatively recent law and I'm not at all familiar with the details.

neilpilot
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Re: Is my understanding of Unemployment insurance correct?

Post by neilpilot » Thu Aug 31, 2017 11:48 am

Rupert wrote:
Thu Aug 31, 2017 11:44 am
neilpilot wrote:
Thu Aug 31, 2017 11:33 am

Quitting for personal reasons, like moving to a new town, is not the employer’s fault. Even if it seems like “Good Cause,” it is not created by the employer. So you will not get benefits."
This statement actually isn't accurate. Some states will pay unemployment benefits to an employee who quit because their spouse found a new job in another state. You can file an interstate application for unemployment benefits under those circumstances in those states.
Actually it is accurate in the context it was posted. Maybe you missed what I said; "Based on state of AR laws"

Rupert
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Re: Is my understanding of Unemployment insurance correct?

Post by Rupert » Thu Aug 31, 2017 11:51 am

neilpilot wrote:
Thu Aug 31, 2017 11:48 am
Rupert wrote:
Thu Aug 31, 2017 11:44 am
neilpilot wrote:
Thu Aug 31, 2017 11:33 am

Quitting for personal reasons, like moving to a new town, is not the employer’s fault. Even if it seems like “Good Cause,” it is not created by the employer. So you will not get benefits."
This statement actually isn't accurate. Some states will pay unemployment benefits to an employee who quit because their spouse found a new job in another state. You can file an interstate application for unemployment benefits under those circumstances in those states.
Actually it is accurate in the context it was posted. Maybe you missed what I said; "Based on state of AR laws"
OP was asking about NY and Illinois. Maybe you missed what he said.

knightrider
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Re: Is my understanding of Unemployment insurance correct?

Post by knightrider » Thu Aug 31, 2017 12:38 pm

KlingKlang wrote:
Thu Aug 31, 2017 11:40 am
So your wife's Illinois company was allowing her to work remotely from New York and she resigned anyway? Personally I think that that would eliminate her eligibility. If her old company is willing to cooperate, the magic phrase that the unemployment bureau is looking for from them is "Laid off for lack of work".
The work-from home thing was only temporary, not long term. The company actually found her a job in NY, but it was not comparable to her current job, i.e lower salary. Does that qualify for "lack of work"?

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KlingKlang
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Re: Is my understanding of Unemployment insurance correct?

Post by KlingKlang » Thu Aug 31, 2017 2:34 pm

knightrider wrote:
Thu Aug 31, 2017 12:38 pm
KlingKlang wrote:
Thu Aug 31, 2017 11:40 am
So your wife's Illinois company was allowing her to work remotely from New York and she resigned anyway? Personally I think that that would eliminate her eligibility. If her old company is willing to cooperate, the magic phrase that the unemployment bureau is looking for from them is "Laid off for lack of work".
The work-from home thing was only temporary, not long term. The company actually found her a job in NY, but it was not comparable to her current job, i.e lower salary. Does that qualify for "lack of work"?
I didn't read the entire Illinois handbook. Some states will allow 'I didn't get my dream job', many will disallow 'I have three PhDs and turned down a job sweeping floors'. You might as well apply for unemployment benefits in Illinois, but I wouldn't be too hopeful. The bureau will ask her old company what was the reason for her termination, the word "resigned" is usually a killer. Since you both have been in New York for only three months I don't think that there is any way that you would qualify for benefits from them.

mnnice
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Re: Is my understanding of Unemployment insurance correct?

Post by mnnice » Thu Aug 31, 2017 5:36 pm

My understanding of EI is that every state has Byzantine rules and you don't get anything unless you ask. Right to work states are always going to be stingier. In other words I agree with KlingKlang :D

SR II
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Re: Is my understanding of Unemployment insurance correct?

Post by SR II » Fri Sep 01, 2017 1:53 am

To be clear, I live in CA and not familiar with the IL system at all. Just from a quick look at the link to the IL Unemployment Insurance Benefits Handbook, I came up with these conflicting thoughts: She is eligible because you both moved because of your new job (page 4). BUT, she may be ineligible because she continued to work for the same company after the move AND then quit (rather than being laid off) some months later (page 7).

Also, they may schedule appointments (either phone or in person) to clarify things after filing a claim. She should be aware of the questions they may ask (pages 11 and 12).

Make sure she reads these warnings (bottom of page 13): False or Misleading Information
The giving of false or misleading information, or the holding back of any information in order to draw benefits to which you are not entitled, is punishable under Illinois law. You may be subject to a fine, incarceration and comptroller’s offset of state and/or federal tax returns. In addition to possible criminal penalties, you may not draw benefits again until you have served a number of penalty weeks (or two years have elapsed from the time your ineligibility began) and you have repaid the amount of benefits received through fraud or that amount has been recovered from benefits otherwise payable to you. Each employer for whom you work files with the state of Illinois a record of wages paid to you and the quarter the wages were paid. Your claim is checked against these wage records.
When you file a claim, all the information you provide is checked by investigators. Your last employer and, in some cases, other former employers are notified of your claim.


Don't mess around with these guys!

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