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  #1  
Old 11-08-2005, 02:16 AM
nyresidentinneed nyresidentinneed is offline
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Question Waiting 4 months for hearing?

I have a couple of questions but one of the big ones is how long can New York State postpone giving you a fair hearing after denying benefits? I was denied benefits in June and have still not gotten my requested hearing.
Next question, I was a NY State resident and I telecommunted from Mississippi. I left my job to move with my spouse to Germany. I can not claim benefits in Mississippi because you actually have to be there to claim benefits. I was denied in NY because my employeer reported all of my wage to Mississippi incorrectly. Now I am also being told that I can not claim benefits because I am in Germany. I am a military spouse and we move due to military orders. Any suggestions, this is happening to a lot of military spouses.
Thanks.

Last edited by nyresidentinneed; 11-08-2005 at 02:18 AM. Reason: Misspelled word
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  #2  
Old 11-08-2005, 02:21 AM
Pattymd Pattymd is offline
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Contact the Mississippi Dept. of Labor again. It shouldn't make any difference that you no longer reside in the state. And, if you were working in Mississippi, your wages WERE reported correctly to that state. The fact that the company is based in New York is irrelevant.
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Old 11-08-2005, 02:29 AM
nyresidentinneed nyresidentinneed is offline
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Even if I was still a resident of the State of New York and working for a NY company from my home?
Mississippi doesn't allow you to file for unemployment unless you file in person. I live in Germany and am still a resident of NY State?

Last edited by nyresidentinneed; 11-08-2005 at 02:31 AM. Reason: add question
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Old 11-08-2005, 02:50 AM
Pattymd Pattymd is offline
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Your post said you telecommuted FROM Mississippi. Where did you actually perform the work?
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Old 11-08-2005, 03:30 AM
nyresidentinneed nyresidentinneed is offline
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I did the work in my home in Mississippi. I was not a Mississippi resident, I was a New York resident. I still am a NY resident. The employeer is also in NY.
What about my main question though? Is there a time limit in which NY State is required to give a requested hearing? Isn't four months plus a little excessive?
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  #6  
Old 11-08-2005, 04:01 AM
Pattymd Pattymd is offline
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Then your wages were correctly reported to Mississippi, because that's where you did the work. Did you tell NY state that when you filed your claim? It's possible that is what's holding it up. You can call to find out, I think. I don't have enough experience with NY UI claims to know.
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  #7  
Old 11-08-2005, 08:39 AM
nyresidentinneed nyresidentinneed is offline
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Default Bad advise

Well, for anyone who reads this post, I would like to let you all know that I do not agree with the advise given by Pattymd. I have done a lot of research and she is giving off the cuff incorrect advise. She also is not an attorney, but works in payroll for corporate America. Not the person I want to get advise from on my unemployment claim.
If anyone else out there has good info on my questions please respond.
Thanks.
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  #8  
Old 11-08-2005, 09:18 AM
Pattymd Pattymd is offline
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And you think by being a payroll manager for 27 years in nationwide companies doesn't mean anything? You don't have to be an attorney to understand such simple issues as the difference between reporting regulations for income tax and reporting regulations for UI taxes. I have more experience in these issues than 99.99999% of the attorneys out there. And I am tired of you impugning my integrity.
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  #9  
Old 11-08-2005, 09:26 AM
nyresidentinneed nyresidentinneed is offline
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I think that your experience in payroll gives you a great backgroud to answer questions regarding payroll. I do not however think that it makes it okay for you give advise when you are not sure. You yourself stated that you do not know very much about NY State UI. If this is the case, then why are you posting advise.
You are correct that you do probably know a lot more than some Lawyers, but you really out to take a step back and realize what this site it for. It is to help people. I think that it is great if you post responses that help people, but I have seen several postings on this page alone that the person went to the state of NY and your advise was wrong. If they had listened to you then the would have given up and not had their issue resolved. You also have been very rude to me and to other posters.
Have a great day.
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  #10  
Old 11-08-2005, 09:34 AM
Beth3 Beth3 is offline
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If you are displeased with the information Patty has graciously shared with you, I'm sure she'll be happy to refund the fee you've paid for her time and expertise.
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