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It's been a while!. Virginia moved to Florida.

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  • It's been a while!. Virginia moved to Florida.

    I was on short term then long term disability from June 09- Oct 09. In Oct 09 my employment with company ended due to their HR laws of not being able to return to work within a certain amount of time. I never thought to request unemployment. I was technically able to return to work around December 09 but have not been able to get employment anywhere because sometime in 09 the criteria changed in my field for requiring a degree and I was not grandfathered in. I am in school currently, but I can't obtain the degree overnight. Regardless.. I am wondering if it is too late to get unemployment and if so or not, my employment in 09 was in VA and I have since moved to FL for my husbands job relocation. Would I need to file in VA? I would have filed a long time ago but my husband just turned to me and said, "You should have filed for unemployment once you were terminated in Virginia." DOH! Really?

  • #2
    It's my understanding the lookback period for UI is 18 months. You could check with the VA UI department to verify.

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    • #3
      The Unemployment Insurance Handbook for Claimants issued by the Virginia Employment Commission http://www.vec.virginia.gov/vecporta...nthandbook.pdf states:

      The base period is the first four of the last five completed calendar quarters prior to the effective date of your claim. The effective date of your claim is the Sunday of the week in which you file your application for benefits.
      If I'm reading the on-line chart correctly, if you file for UI this month (September 2011), Virginia will look at April 2010 to March 2011 as your base period.
      See: http://www.vec.virginia.gov/vecporta...eriodTable.cfm.

      Virginia is not my state, but if you have no earnings during that base period, it does not appear you will receive any benefits. That said, I do not see any downside to applying on line. Again, if I'm reading their directions correctly, your earnings during the base period will be displayed when you apply, so if they have no earnings that will be readily seen.

      Alternatively, you could phone them, explain your situation and see what they say.

      Good luck.
      Last edited by Law Firm Business Manager; 09-09-2011, 07:44 AM. Reason: formatting
      While I may work for lawyers, I am not an attorney. Comments I make are based on my working experiences and should not be interpreted as legal advice.

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      • #4
        You also need to be ready, willing and actively seeking work. If you are in school, you would not qualify.
        I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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        • #5
          Originally posted by ElleMD View Post
          You also need to be ready, willing and actively seeking work. If you are in school, you would not qualify.
          Are you sure? I could of swore you still qualified even if you are a student, but I could be wrong.
          Last edited by cbg; 09-28-2011, 04:51 AM.
          Criminal Defense Lawyer Albany

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          • #6
            Generally, to qualify while a student, you have to be going through a retraining program through, or at least approved, by the state, and you have to apply for such approval as part of your UI application.
            The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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            • #7
              If you were employed FT and are continuing to seek and are willing to accept FT work, the fact that you are also taking some classes would not disqualify you. If you are going to school FT in lieu of working, you would not qualify except possibly as part of a program like cbg described.
              I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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