At what point can I file for un-employment

[wildthing]

What is the name of your state (only U.S. law)? Indiana

I work at a construction company and every day a co-worker and I drive in to work (20 miles to the shop & another 25 miles to the current job site) and after working 2-3 hours we are told to go home because there isn't any work for us. But the boss allows lower paid workers that are "sub-contractors" (a couple kids in their mid 20's paid cash under the table) to stay & work. When full time workers are getting 15-20 hours a week and told to go home because there is no work and sub-contractors are getting 50+ hours a week, at what point can we sign up for un-employment? My buddy tried about a month ago but the boss told the un-employment office that he had not been laid off.

 

[TinkerBelleLuvr]

If in the 15-20 hours, you are paid less than the amount of unemployment, you may file for partial unemployment pay. If you are working some, you have to declare the pay you are receiving.

 

[HomeGuru]

What is the name of your state (only U.S. law)? Indiana

I work at a construction company and every day a co-worker and I drive in to work (20 miles to the shop & another 25 miles to the current job site) and after working 2-3 hours we are told to go home because there isn't any work for us. But the boss allows lower paid workers that are "sub-contractors" (a couple kids in their mid 20's paid cash under the table) to stay & work. When full time workers are getting 15-20 hours a week and told to go home because there is no work and sub-contractors are getting 50+ hours a week, at what point can we sign up for un-employment? My buddy tried about a month ago but the boss told the un-employment office that he had not been laid off.

**A: the next time that happens, since you won't be working that day, use that time and go have a chat with the UE people.

 

[swalsh411]

An employer cannot stop the process merely by claiming the claimant is still employed. You are entitled to a hearing if you are denied.

 

[commentator]

Any time during a Sunday through Saturday week (regardless of when or how you are paid for this time) that you make less than your weekly benefit amount in unemployment insurance would be, you are entitled to unemployment benefits if you are working all the hours your employer has to give you that week. It is called filing a partial claim for unemployment.

You file for benefits after that week has passed when you made less than you believe you would be able to draw. (Maximum weekly benefit amount in Indiana is around $390 right now.) How much you made is your gross wage per hour, times the number of hours you worked during that Sunday through Saturday. For example, if you make $10 per hour, and you work 14 hours that week, you would have $140 to report. You would be eligible for part of your unemployment, plus that $140 you made working.

But when you file your claim, you do not tell the unemployment system you are laid off. You are not. You tell them you are working all the hours that are available to you and you want to file a claim for partial benefits. You may not be able to do this over the internet, you would need to do this by speaking to someone either on the telephone or in person. Your employer will be called to confirm that. If he refuses to do so, you can draw anyway. If he decides to fire you for filing the claim, you are able to draw unemployment until you find another job. Lots of times when the incentive to reduce hours is not there and they are having to pay you unemployment benefits, they will quit cutting your hours so much.

But if your friend was told he was not eligible due to not being laid off, he needs to appeal that decision immediately, though it may already be too late. I sadly fear he may have just tried to file this claim on the internet and picked the wrong reason to be out of work because it didn't offer him any other choices.

If he was not eligible because he made more during that calendar week than he could have drawn in unemployment benefits and that's what his denial letter says, that's correct. There are no sanctions for this denial. The next week that he works and makes less than he could draw an hour he can file again. But "the boss said he wasn't laid off" isn't the right reason. He should appeal that one very quickly. If he got a letter saying that he couldn't draw because he wasn't laid off under these circumstances, he needs to talk to the appeals tribunal immediately and stress that he was filing a claim for partial benefits while still employed.