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Is it possible for them to re-calculate? Unemployment claim after higher salary New Y

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  • Is it possible for them to re-calculate? Unemployment claim after higher salary New Y

    I have just been laid off from my job after being there for almost 8 months. Previous to that, I claimed unemployment for 4 weeks after being laid off from my previous job.

    I'm trying to file for unemployment again but, since my last claim was less than a year ago, it just asks me to claim my benefits for the week.

    The problem is that my most recent job paid me more than the one the original weekly rate was based on.

    Is there any way for NYS to take my higher salary into account and re-calculate my weekly rate? I've tried calling the Telephone Claims Center but the recording says they are experiencing a high volume of calls and to try again later.


  • #2
    I don't think so. Once the claim is established, the base period is fixed. But if you want it from the horse's mouth, you'll have to just keep trying to call.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      Thanks for the quick reply, PattyMD!

      Just one more question: what would happen if I wait until the claim period is over?

      My employer is providing 8.4 weeks of separation pay, including benefits. If I wait 2.5 more weeks, it would be past the claim period.

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      • #4
        Then you can open a new claim, I'm pretty sure, and you'd get a new base period for calculation. I had exactly the same situation, and fortunately, the timing worked out just right. I completed a temp assignment three days after the end of the original claim year.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          Maybe I'll do that. My only concern is getting penalized for not filing right away after becoming unemployed... Do you think that would be a problem?
          Last edited by justwonderingnyc; 01-15-2009, 11:25 AM.

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          • #6
            Not to my knowledge.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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            • #7
              Thanks for the quick response. I don't know how you do it!

              I actually just got through to the unemployment office and they finally answered my question.

              For those who might come to this thread with the same question, here is the answer (which is not to be construed as legal or professional advice):

              After becoming unemployed again, if the claim year hasn't expired, you just need to claim your weekly benefits. The computer will recognize that there's a gap and will ask if you were employed again and if you were once again unemployed due to lack of work.

              You will continue to receive the weekly benefits (as long as you claim) based on the old rate. However, once the claim year is expired, you will file a NEW claim which will be based on your new employment. This is only as long as you worked at your most recent job for long enough to qualify for unemployment from it (meaning your employer has put enough money on your behalf into the system).

              This means you will claim however many weeks remain until your original claim expires, and then you will get another 26 weeks when you file your new claim.

              Of course, this is only as long as you are still unemployed. You obviously cannot claim benefits if you found a job.

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