Unemployment Comp across state lines

deniseE

We have an employee that used to live in PA, but moved to VA after being terminated. She filed for UC in Virgina....we've never dealt with this situation before.

Can someone collect through another state?? How would this work?

Thanks!

dynamite9551

an employee usually collects from the state where benefits are paid. its possible the EE can file in VA but collects or is paid in PA - when in reality they are only collecting what they are entitled to from VA. some states will let EE file and will collect the money from the state where U/E was paid.

Crout

What she should have done is call PA UC from Virginia and simply apply over the phone or even over the internet. If she is awarded benefits and you appeal you would have a hearing at the UC office as you normally would except the UC Referee would call her and just put her on speaker phone.

deniseE

That's easy enough to handle!!!!

Thank you!!!

Don D

All states have a cooperative agreement whereby claimants can file what is called an interstate claim for unemployment insurance. Claimants need not apply in a certain state any more than they must apply in a certain city within the state where they find themselves unemployed. The benefits, if awarded, are derived from the state where the eligible claimant WORKED, without regard to where the claimant LIVES or FILES. The state where he files is merely assisting in the processing of the claim if the work was done in another state.

If I worked in California, got laid off and moved to New York to seek employment, nobody would expect me to return to California to file for unemployment. So, I would file in New York, my new state of residence, and New York would electronically or manually process my claim back through California, where I earned wages.

In this regard, the process is intended to be somewhat user friendly across state lines. Several states allow the telephone or electronic filing of UI claims. Some do not. Some require personal appearance at a claims office. Some do not. Some require periodic seated interviews at a claims office. Some do not. UI is like Work Comp in that regard.....50 separate and distinct sets of policies and laws.

WT

If a person quits they would not ordinarily get unemployment. However, if they quit and move away perhaps following a spouse or the promise of a job for themselves, they can apply for unemployment in their new state of residence. If that state awards them unemployment, the bill is sent back to the previous state of residence and thus the previous employer. I have had no luck on arguing on these claims. Our state takes the position that they have an agreement with the new state of residence and that state has awarded benefits. Since benefits must be payed as per agreement, our state or the employer must pay. Guess who the state will chose?

DB

I actually just won a similar situation. An employee resigned to follow her spouse who was transferred to the East Coast. I received notice that the employee had filed for benefits in IL, I sent in the resignation facts and eventually received notice that the benefits were denied by IL since the reason for the voluntary resignation was out of our control. It was such a nice feeling to win one.

Don D

I would respectfully disagree with your post, having worked inside that system for some years. A determination of claimant eligibility is made by the State in which the employee worked when separated from the job, not by the state in which the claimant files a claim, unless the claimant subsequently worked in THAT state as well. If what you suggest were the case, everybody who quits a job would file in California and be ruled eligible.

The cooperative agreement among states requires the new state of residence to take the claim and electronically forward it to the state where the claimant last worked for a determination based on that state's UI laws and regulations.

Using the example you gave of a claimant who quit a job to move with a spouse, in my state of MS, that claimant would not be eligible since our state does not recognize domestic and familial circumstances as valid reasons for quitting a job. The claim would be denied no matter where the claimant moved to and filed a claim. The new state of residence doesn't make the determination. Even if the claim were filed in a state which does recognize domestic circumstances as a qualifier, the person in your example, had he last worked in this state, would not be determined eligible. Also, if there were to be a telephone hearing, the state where the wages were earned would be the one holding it and making the decision.

Sorry for the length. Just wanted to provide the facts.

WT

Information is great and I would never intend to mislead any forumites. In the case I cited, the person worked a little while and the new state of residence awarded unemployment. We could not even get a hearing. A good deal will depend on the state where the employer is located. New York is getting harder and harder to deal with on unemployment issues.

Don D

As in any UI situation, whether or not multiple states are involved, when an individual loses his job through no fault of his own and is otherwise monetarily eligible, the employers in the base period are chargeable employers, except in rare cases.