Unemployment - many issues!

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sarahd

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I was fired from my job after being on 30 day medical leave, filed for unemployment and my employer tried to fight me on my benefits. I appealed, and the initial decision was reversed. I then received my first payment (for 5 weeks - $1075) on November 7th, 2011.

During the time that I was waiting for my unemployment compensation to kick in, I was evicted from my apartment in Florida and at the time had nowhere to go, so I returned to Pennsylvania, where I'm originally from. During the relocation, I had no internet access & my phone had also been shut off, so I was unable to claim my weeks on October 3, as I was supposed to. When I tried to claim my weeks on October 17th, the website advised me that I could not claim weeks, so I called the unemployment office. The woman that I spoke with on the phone told me that I needed to reopen my claim, so I went online and started the whole unemployment claim over again - this time, the only difference being that I checked a box stating I had an open claim within the last 12 months.

After 2 weeks of waiting, I logged onto the unemployment website again and found that I was now able to claim weeks on October 31st again, and I did so this past Monday. After claiming my first of two weeks, the website wanted me to verify my address - so I changed it to a Pennsylvania address (my dad's). The website then kicked me off, and said that I couldn't file any more weeks until I called in to the office. I called again, and told the woman I spoke with that I was only temporarily in Pennsylvania - and that when I received my next check from unemployment, I would be going back to Florida (partially true - something that I was definitely decided on, but not quite sure if I was capable of because I didn't really have anywhere to stay in Florida). She advised me that she would note this information on my account and change my address back to my Florida one. Another issue that she brought to my attention was that my case was in review because of my past employment. When I reopened my claim, I included two jobs within the base period - the employer that I was dismissed from for medical reasons, and one right before it - a temp agency with which I was hired and worked at my latest job. I listed "voluntarily quit" as my reason for leaving the temp agency - which is technically true, as they want you to find permanent employment, and I did. Again, she said she would note this information on my account.

She then told me that claims are processed within 24 hours and that I could expect payment on either November 1st or today, November 2nd. After checking my Florida debit card account and seeing no payment, I called the office again today. The woman I spoke with advised me again of these two issues on my account - I asked her to please note the above information again. She said that because I was visiting Pennsylvania, the account needed to be reviewed - "if work had been offered, would I have been available the next day to work in Florida if I was visiting Pennsylvania?" She said that the issue was opened on October 27th and that I would not receive payment until the account was reviewed. She also told me that a review takes anywhere from 4-6 weeks from the date the issue was opened.



Questions:
If I moved to Pennsylvania permanently, am I not able to receive unemployment from Florida?

Can I contact the Pennsylvania unemployment office and possibly transfer my benefits?

If I say nothing else to the unemployment agency, will I receive my benefits in 4-6 weeks?



ANY ADDITIONAL ADVICE IS APPRECIATED!
THANK YOU SO MUCH IN ADVANCE!
 
There is a specific protocol that must be followed when you receive benefits from state "A" and relocate (or even visit) state "B".

State "A" is paying you, not state "B". If you are allowed to relocate, it has to be done by the paying state's protocol.

From what you relate, you didn't follow the protocol. I can't tell you how to fix this. I can tell you to do exactly what state "A" directs.

You will need to convince state "A" that you will actively pursue employment in their state and if offered a job, you'll take that job without delay. Unfortunately, because of how this played out, that might no longer be possible.

It ain't over yet. So, going forward do exactly as directed and in a timely manner. You can't afford any more mistakes if you want their loot, you play by their rules.
 
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How long did you work at the last job? Approximately, how many hours did you work during the twelve months preceding your thirty days leave of absence? What was the illness or injury which caused you to be off from work for 30 days? How many individuals worked for the company (within a 75 mile radius of your jobsite)?

Depending on your answers to these questions, you could potentially have had job protection under the Family Medical Leave Act ("FMLA")?
 
I was employed with the temp agency - from July 2010 until February 2011, when the site I was a temp at hired me for a permanent position. I was then a full time employee until August 2011. I was out for 30 day medical leave because I had shingles...
 
Unfortunately, you do not appear to have accrued enough months with your last employer to qualify for protection under the FMLA. To be eligible, you must have worked for a company and/or a predecessor company (with 50 or more employees) for a year or more and worked at least 1,250 hours during this twelve month period.

You may want to undertake some research on the web site for the United States Department of Labor ("DOL") to ascertain whether your time as a temporary employee for the temp agency would count along with your time as a permanent employee in the same position for your last employer. Arguably, if it did, then you would apparently qualify for FMLA protection. However, without examining the web site or the DOL regulations, I suspect it does not. Nonetheless, you have nothing to lose by perusing the DOL web site for answers.

I wish you well!
 
I realize that I do not qualify for protection under FMLA, but I appreciate your advice!

New information relating to this topic;

I have since relocated back to Florida - I've been here for quite a few weeks. It has now been 6 weeks since the hold had been put on my case and it was under review - I have still not seen any payments. I have reported to the unemployment agency that I am back in Florida and have continued to claim my job applications every two weeks.

My question is this;

After claiming again today, should I expect a payment tomorrow (or at all?) Do you foresee any issues with me receiving any payments because of the hold on my account, even though my situation has not changed at all since I received my first payment of 5 weeks for unemployment?

Thank you very much in advance!
 
When you moved to PA, you should have filed with PA. They will open the path to collect from FL. Hopefully, you have been making and keeping your job contacts and will be able to collect those weeks. Call PA asap.
 
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