Other Income Disqualifies? Archives

“Can I collect Unemployment Insurance benefits at the same time I am pursuing a claim for Workers Compensation benefits?”

Published on April 30th, 2010 by Alan L Sklover

Question: I was forced to leave my job, but fortunately, after I applied for Unemployment benefits, I did win unemployment benefits. The Unemployment agency agreed I was due benefits, since it was found that there was no good reason to let me go.

While I was still working, I was injured on the job, and so I filed a Workers Compensation claim. I have won that, too.

The lawyer I had in my Workers Compensation law suit told me I should settle the Workers Comp claim for quite a bit of money.

My question is this: If I settled the Workers Compensation claim, would I lose the Unemployment benefits I have already been paid, or possibly the Unemployment benefits I might collect in the future?

Mae
Mansfield, Ohio 

Answer: Mae, your question is not an easy one to answer, mostly because I don’t have all of the facts I would need to fully understand your dilemma. (Bear in mind, too, that I am not admitted as an attorney to the Courts of Ohio, so you can’t consider this to be legal advice.)

That being said, here are a few things you should know:

A. Your attorney in the Workers Compensation claim should know the answer to your question. I truly do think you should ask him his view on the issue.

B. Workers Compensation is a program intended to reimburse an injured employee for two things:  (1) lost wages, because the employee is unable to work due to the injury, and (2) medical expenses incurred in treating the injury.

C. Unemployment benefits are paid to an employee who is able to work, but unable to find a job.

Compare the two: do you see the problem? If you are seeking Workers Compensation benefits for being unable to work, how can you collect Unemployment benefits for being able to work at the very same time? Thus, if your Workers Compensation claim is seeking “lost wages” benefits, and if you are paid those “lost wages,” it seems to me you may lose your continuing Unemployment benefits. If the Workers Compensation claim is only for medical expenses incurred, I see no problem.

Again, I would speak to your Workers Compensation attorney on this as soon as possible. I’m confident he or she would be able to answer your question, and I think his or her analysis will be the same as my own, above. 

Thanks for writing in. I hope you’re enjoying our blog, and that you will tell others about it, as well.

 My Best to You,
Al Sklover

P.S.: Applying for Unemployment Benefits can be confusing! Clear the haze, and make sure you don’t forget anything – use our 132-Point Guide & Checklist for Unemployment Benefits. To get your copy, just [click here.] Delivered by Email – Instantly!

© 2010 Alan L. Sklover, All Rights Reserved.

“In Ohio, will my receiving severance reduce or limit my collecting unemployment benefits?”

Published on April 18th, 2010 by Alan L Sklover

Question: I was laid off, out of seniority, and my union is fighting it, which may take some time. In the meantime, I am being offered six weeks of severance.

Will I be permitted to collect my unemployment benefits if my state unemployment department finds out about the severance?

Zach
Minerva, Ohio

 Answer:  Zach, while I am not admitted to practice law in Ohio, I have reviewed Ohio’s laws on this subject, as well as literature prepared by the Ohio Department of Jobs and Family Services (called the ODJFS). This is what I’ve found: 

Ohio Revised Code Section 4141.31 says that your unemployment payments will be delayed by the six weeks you are collecting unemployment. This is the case whether the six weeks is paid once a week for six weeks, or paid to you in one lump sum.

This same information can be found in the ODJFS “Unemployment Compensation Guide for Employees,” which you can receive by contacting your local ODJFS office.

From my experience, this is unusual. Most states do not reduce or delay employees’ unemployment benefits due to their collecting severance, whether the severance is paid in one lump sum, or over time.

My best to you.

Best, Al Sklover

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“Would earning money from stock investments disqualify me from unemployment?”

Published on September 17th, 2009 by Alan L Sklover

Question: A few months ago I was laid off, and started collecting unemployment benefits. A week ago, I decided it was a good time to sell some of my stocks, on which I made some money and lost some money. Would this affect my eligibility for unemployment benefits?

Charles
Riverside, California

Answer: No. Your limited investment activities would not disqualify you from receipt of unemployment benefits. Though I am not admitted to practice law in California, I write that with confidence.

As a general rule, unemployment benefits are given to those who are not working, but are available to, and are seeking, employment. Employment is the sale of your time and services to another person or company.

Your decision to sell a stock you own, or to buy a stock you don’t own, would not be considered employment. So, you would continue to be considered unemployed. The one possible exception I see is if you decided to become “self-employed,” full-time, as a day trader, and devote all or substantially all of your time to stock-picking as self-employment. That is not what you have described.

Don’t think you have any concerns. Hope that helps.

Best, Al Sklover

P.S.: Applying for Unemployment Benefits can be confusing! Clear the haze, and make sure you don’t forget anything – use our 132-Point Guide & Checklist for Unemployment Benefits. To get your copy, just [click here.] Delivered by Email – Instantly!

© 2009 Alan L. Sklover, All Rights Reserved.

Can I collect unemployment insurance benefits while I am collecting severance?

Published on April 14th, 2009 by Alan L Sklover

Question: I was terminated without “cause” from a financial company after working there for 14 years. I was offered 12 months of severance, payable twice each month. It has now been 11 months since I lost my job. I have been trying to call the State Unemployment Office, but they are impossible to reach by telephone. Can I start collecting unemployment before my severance finishes?

Barbara
Freeport, New York

Answer: You sure can. In New York, and in most states, you can collect both at the same time. Almost everything related to unemployment insurance in New York is done over the internet. Contact the New York State Department of Labor website at www.labor.state.ny.us to initiate your application.

Best, Al Sklover

P.S.: Applying for Unemployment Benefits can be confusing! Clear the haze, and make sure you don’t forget anything – use our 132-Point Guide & Checklist for Unemployment Benefits. To get your copy, just [click here.] Delivered by Email – Instantly!

© 2009 Alan L. Sklover, All Rights Reserved.


Alan L. Sklover

Alan L. Sklover

Employment Attorney
and Career Strategist
for over 35 years

Job Security and Career Success now depend on knowing how to navigate and negotiate to gain the most for your skills, time and efforts. Learn the trade secrets and 'uncommon common sense' of Attorney Alan L. Sklover, the leading authority on "Negotiating for Yourself at Work™".

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