Part Time Penalty/BYE/Update

First topic message reminder :

http://www.nelp.org/page/-/UI/2010/Final%20EUC%20Fix%20QA.pdf

The above link is the part time penalty fix defined.


If anyone has been a victim of the part penalty prior to July 2010 "fix" this F.Y.I. is good news!

I was a victim of the part time penalty, 2-weeks into EUC Tier 2 my BYE ended,my benefits were slashed for working a part time job while supplementing benefits.
Rather then continue on EUC, I was forced to take a new claim at the lower rate.
When the law changed in July it really did fix this problem for many. Others like myself remained at the lower rate on a new claim for 26 weeks.

The 26 week claim has now expired and because of having an existing EUC claim still open from my original claim (2-weeks into EUC Tier 2) my original Rate has now been re-established. This is an odd circumstance but make sure your state is aware.

Now if your BYE ends at least you don't have to worry about being reduced. I know this may be hard for some to follow, I was a member of the UF forum working hard on the part time penalty fix and my efforts now have come full circle.
Feel free to ask any questions on this subject I am more than happy to help.
Great job on this new site from many of my UFriends forum 1.0 !

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Thank you for trying, but I don't think I'm understanding this. Is there a way to explain it in simpler terms, or maybe specific examples? Or maybe what ought to happen at this point?

I think you're saying that the Fed-Ed claim should have followed on the EUB claim, at the $450, but it didn't. The Fed-Ed payments ended in March 2011, after 3 months, in any event. If those payments were following on the original claim (or should have been), they would not have been subject to the EUB fix in any event -- I don't think.

The question is whether I had a choice to start the new claim in March 2010 or not -- the one that went to $112. I wish I hadn't worked, obviously.

Do you know of any source of reliable legal advice?

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Thanks for all your help.

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I have a question on how this will affect me. My original 26 weeks of UC in the state of PA will end on 9/17/2011 and then I would be eligible for 20 weeks of tier 1 EUC. I am currently working a temporary, 6 month part time job 20 hrs per week that will turn into 40 hrs per week starting 9/19 which is right when I would have filed for Tier 1 EUC. This job even at full time will be about $110 less per week that what I was collecting on UC. My question is that when my temporary job assignment ends after the 6 months will I be able to reopen my claim at my original UC rate and will I still be eligible to move to Tier 1 EUC ? My 52 week BYE ends on 3/3/2012 and this temp job will end on or around 3/19/2012.

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Thanks jerkeyspace.... One more question...if this new temp 60 month job was say 35 hrs per week not 40 could I still collect UC (reduced amt of course) and move into Tier 1 ? I guess more or less, can you move into the next Tier if you are part time and not full time ? I know the question that the system asks when I file is "did you work less hours than in your previous employment" Even if I worked 40 in this new temp position it is less than what I was working at my old job in management. I was working 50+ hours each week on salary. Per the PA website The last week that EUC may be paid is the week ending June 9, 2012. And since my 26 weeks of UC is up before Dec 24th I would be eligible for 20 weeks of EUC in Tier 1 which would take me to 2/23/2012.

Also.....after the 6 months , if I have to open a new 52 week claim, does what I collected in UC count in my quarterly wages ? I have been collecting since 3/11 & this new temp 6 month job will end in 3/12, so my 4 base quarters would be 6 months of when I was collecting and 6 months of working this new temp job, so I assume then my new rate would be calculated on what i earned in UC & my new position ?

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Excellent news update & look forward in coming weeks to hearing response as information comes in regarding your individual case and other news for potential claimants in Calif that have been misinformed or misguided out of any potential wages.

One would have to imagine that perhaps the regional DOL office is or has been in touch with California's main unemployment insurance agency, and the Policy Department/bureau within it. Hopefully this gets rectified and don't stop.

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Yes, do realize the regional UC's are on and considered at the federal level, and also have personal experience from past, year ago or so, contacting the DOL national service number also, which seemed to generate a response from higher up, without having to place 3-4 calls in to ask for supervisor etc... Hope all works out for you as things proceed, seem to be making some waves finally.

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