I have a question regarding Unemployment Compensation.

I was laid off from my job as a Maintenance Electritian. I was approved for UI benefits.

I was called in during my layoff for a random spot check. During the spot check the UI rep. learned that I am a Realtor. The rep. stated that I could be considered not to be available for work because of my Realtor status.

I countered that I have been a Realtor part-time for the last 2 years while I worked 50+ hours per week as an Electrician. My availablity to work as an electrician was not affected by being a Realtor and it is not affecting my ability to search for work now. I then inquired what was the criteria for being considered not to be available for work. The rep. did not know.

I was denied based on not being available for work. I had an appeal scheduled for a phone trial. When my trial date arrived the rep for LA Unemployment was sick and they had to reschedule. I am waiting for my next phone trial date.

Can someone tell me where I could find some prior case law that would help define being available for work.

Thanks

I don't know of any specific case law and I am not in your state. But several years ago, I was laid off in the wake of WorldCom and Enron and started my own consultancy. I contacted my state UI office and asked them how working at my own business would affect my benefits, since I had been approved already. They said I could work at my own business for x hours (I don't recall for certain what x was but I want to say it was 15 or 20 - 20 is what sticks in my mind) per week but that after that they would consider that it was interfering with my job search and/or my ability to accept work if offered, both of which are requirements for UI in all states.

Before your hearing, you might want to call the UI office (or even have a friend do it if you don't want them to relate it to your hearing) and ask specifically how many hours you can work without it affecting your benefits. Another side of the same coin is, how much can you EARN before it affects your benefits (they are two different questions but they are both applicable in your situation). The fact that the one rep does not know doesn't mean they all won't. Ask for a supervisor if you have to.

Hope this helps - good luck!

Thanks

I will give it a go.

I am in Louisiana. Cbg is right on the money. The key language in LA is that you have to be "able, available, and looking for work." Generally speaking, self-employment disqualifies someone from UI payments. Holding a real estate license IS self-employment.

....HOWEVER....

You make a very valid argument that you have been pursuing this self-employment while you were employed as an electrician. In the wake of 9/11, I found myself in a similar situation. I was laid off. I was initially disqualified from my UI benefits because I was in school full time; however, I was able to point out that I had been in school full time the ENTIRE TIME I worked for this employer.

You simply need to stress that you will be "able, available, and looking for work" just the same as you were "able and available" to work while you were employed....AND....you will report any earnings you make from real estate in your weekly earnings report. Your weekly earnings affect your eligibility for UI payments.

Thanks,

I will let you know how it goes.

I am still trying to get a trial date w/ an Administrative Law Judge.