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Unemployment benefit entitlement?

Unemployment benefit entitlement?

Old Jan 20th 2011, 12:36 am
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Default Unemployment benefit entitlement?

I remember when applying for my visa (spousal), I read that I cannot claim benefits from the state for upto 5 years after immigrating to the USA and that my spouse would have to support me.

Does this include unemployment benefit?

Someone told me that after 1 year working for an employer, if laid off or fired (for a no fault on my part reason) I would be entitled to unemployment benefit and also, that the benefit is paid by my employer.

If you have knowledge or experience in this area, is this right?
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Old Jan 20th 2011, 1:01 am
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Default Re: Unemployment benefit entitlement?

Originally Posted by Volt61 View Post
I remember when applying for my visa (spousal), I read that I cannot claim benefits from the state for upto 5 years after immigrating to the USA and that my spouse would have to support me.

Does this include unemployment benefit?

Someone told me that after 1 year working for an employer, if laid off or fired (for a no fault on my part reason) I would be entitled to unemployment benefit and also, that the benefit is paid by my employer.

If you have knowledge or experience in this area, is this right?
Only part I know is that when you apply, they base your entitlement on the highest earning quarter over the last 12 months. The employer pays premiums to the unemployment insurance but not your actual entitlement when you claim. However their premiums go up when you claim.
The only way an employer can get out of paying unemployment premiums (in CA) is if you are an independent contractor and they take nothing out of your check, including taxes. If they took taxes out then they had to pay the unemployment premiums. Redundancy is in addition to unemployment. They might give you three or six months pay when they lay you off (redundancy) but you are still entitled to unemployment.
Give it a little time - there are lots of folks on here who will show up shortly who have in-depth knowledge. Just put up a little more info like what type of visa you have, state, you had to have had some type of work visa if you worked, I'm assuming.

Last edited by aviva; Jan 20th 2011 at 1:44 am. Reason: Moe info.
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Old Jan 20th 2011, 1:33 am
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Default Re: Unemployment benefit entitlement?

The impression I've had is that every little thing has to be negotiated with the employer, so when applying for a job check what the contract says and if you can get a good redundancy payoff.
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Old Jan 20th 2011, 2:36 am
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Default Re: Unemployment benefit entitlement?

Originally Posted by aviva View Post
Only part I know is that when you apply, they base your entitlement on the highest earning quarter over the last 12 months. The employer pays premiums to the unemployment insurance but not your actual entitlement when you claim. However their premiums go up when you claim.
The only way an employer can get out of paying unemployment premiums (in CA) is if you are an independent contractor and they take nothing out of your check, including taxes. If they took taxes out then they had to pay the unemployment premiums. Redundancy is in addition to unemployment. They might give you three or six months pay when they lay you off (redundancy) but you are still entitled to unemployment.
Give it a little time - there are lots of folks on here who will show up shortly who have in-depth knowledge. Just put up a little more info like what type of visa you have, state, you had to have had some type of work visa if you worked, I'm assuming.
Thank you.
As i said, I have a spousal visa, which gives me a green card. I don't need a visa to work. I'm in NC.
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Old Jan 20th 2011, 2:43 am
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Default Re: Unemployment benefit entitlement?

Originally Posted by Volt61 View Post
Thank you.
As i said, I have a spousal visa, which gives me a green card. I don't need a visa to work. I'm in NC.
There's a NC thread where lots of folks post so they'll be along soon. I'm sure they'll help you or you could go over there and ask them.

Last edited by aviva; Jan 20th 2011 at 2:48 am.
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Old Jan 20th 2011, 3:02 am
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Default Re: Unemployment benefit entitlement?

Unemployment benefits are not means tested but are earned so therefore you are eligible to receive unemployment benefits.
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Old Jan 20th 2011, 3:11 am
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Default Re: Unemployment benefit entitlement?

Originally Posted by Michael View Post
Unemployment benefits are not means tested but are earned so therefore you are eligible to receive unemployment benefits.
As long as was not an independent contractor.
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Old Jan 20th 2011, 3:23 am
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Default Re: Unemployment benefit entitlement?

If you aren't self employed or a company owner....it's a insurance that an employer pays, so if you still have legal status to stay in the US, you can claim it.

How long you've got to be employed before you can claim it depends on the state, can be 6 months of employment in some places.
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Old Jan 20th 2011, 3:25 am
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Default Re: Unemployment benefit entitlement?

Originally Posted by aviva View Post
...Redundancy is in addition to unemployment. They might give you three or six months pay when they lay you off (redundancy) but you are still entitled to unemployment.
Redundancy is a luxury and something that depends on the state....most places don't offer any these days.
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Old Jan 20th 2011, 3:28 am
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Default Re: Unemployment benefit entitlement?

Originally Posted by aviva View Post
As long as was not an independent contractor.
Yes you are correct, so what is one supposed to do should their contracts dry up.....sit on the freeway and beg for hand outs!! always wondered how you are expected to survive!!

Last edited by Poppy girl; Jan 20th 2011 at 3:32 am.
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Old Jan 20th 2011, 3:29 am
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Default Re: Unemployment benefit entitlement?

Originally Posted by Bob View Post
Redundancy is a luxury and something that depends on the state....most places don't offer any these days.
I got it once, after 9/11, from Universal Studios, nobody was going to the theme parks (I didn't work in the park). Got 6 months pay and an extra 6 if I signed a paper saying I'd not tell any company secrets. So I signed, but didn't know any secrets anyway. So strange. Didn't they know I didn't know anything worth knowing?
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Old Jan 20th 2011, 3:34 am
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Default Re: Unemployment benefit entitlement?

Originally Posted by Poppy girl View Post
Yes you are correct, so what is one supposed to do should their contracts dry up.....sit on the freeway and beg for hand outs!! always wondered how you are expected to survive!!
Exactly, just beg, or have given the whole thing some thought beforehand and saved a little cash. Often people become blinded at the prospect of getting the whole banana without deductions, then have some serious regret. No disability insurance either.
Just found out from a friend who works at a church and was sick, non-profits are not required to pay into disability insurance, so if you get sick or ill, and have a regular job with deductions, you are screwed. Check your pay stub. and see if they are including disability deductions.
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Old Jan 20th 2011, 3:53 am
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Default Re: Unemployment benefit entitlement?

Originally Posted by aviva View Post
Exactly, just beg, or have given the whole thing some thought beforehand and saved a little cash. Often people become blinded at the prospect of getting the whole banana without deductions, then have some serious regret. No disability insurance either.
Just found out from a friend who works at a church and was sick, non-profits are not required to pay into disability insurance, so if you get sick or ill, and have a regular job with deductions, you are screwed. Check your pay stub. and see if they are including disability deductions.
I am an independent contractor already have been for 4 years and I write every damn staple, elastic band off each year, which works well for me I contract to one company and it was my choice to be a IC.....but the worst case scenario is a very daunting thought!
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Old Jan 20th 2011, 3:54 am
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Default Re: Unemployment benefit entitlement?

Originally Posted by Poppy girl View Post
I am an independent contractor already have been for 4 years and I write every damn staple, elastic band off each year, which works well for me I contract to one company and it was my choice to be a IC.....but the worst case scenario is a very daunting thought!
Don't know where you are but here CA they're really clamping down on IC's. Just make sure you have some back-up $

Last edited by aviva; Jan 20th 2011 at 3:56 am.
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Old Jan 20th 2011, 3:56 am
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Default Re: Unemployment benefit entitlement?

Originally Posted by aviva View Post
Don't know where you are but here CA they're really clamping down on IC's.
In CA Northern just asked my roommate she is a CPA and has her own accountancy firm and said its the 1st she heard of it!!

I won't panic yet lol
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