Question: I am employed, but my boss owes me and all other staff members several months’ pay. Since he does not want to lay anyone off, I am thinking about quitting. Can I resign and legally be considered laid off? I want to be able to collect unemployment benefits.
Answer: You could have a strong case for quitting with “good cause.” Legally that is tantamount to being laid off or fired, thus making you eligible for unemployment benefits.
Generally people are entitled to those benefits when they lose their jobs through no fault of their own.
But quitting with “good cause” is a big exception. If you quit, the State Labor Department recommends that you file an unemployment-benefits claim. The state agency will determine whether you quit with “good cause” by getting information from both you and your employer.
In the meantime, try to get more information about quitting and unemployment benefits by calling the state Labor Department’s telephone claims center.
It’s worth mentioning some eligibility criteria, though. You have to meet certain income requirements. You must have been paid wages in at least two calendar quarters of your “base period,” or the calendar year preceding your claim. And you need to have earned at least $1,600 in one of your base periods.
The maximum benefit you could receive is $405 a week. Anything would beat the big fat zero your boss has decided are the wages for a good day’s work.
That brings me to my last point: You should also call the department’s Labor Standards Division about the delayed pay.
Your company is probably violating frequency-of-payment statutes, which require most employees in New York state to be paid at least twice a month. The department could help you collect the money you are owed.
For further information, call 516-794-8195 or 212-775-3880.
——— Q: I am receiving unemployment benefits while looking for a full-time position. I am also seeking freelance work, but I wouldn’t get paid for the work until the job is completed. Can I collect unemployment until I receive a freelance paycheck? And then if I go off the benefits, can I later sign up again because the project is completed? A: Your answer is more difficult than it seems because it involves terms such as freelance work and self-employment, which sometimes overlap and carry all kinds of caveats.
This general answer from the State Labor Department is a good place to start: “It should be noted that when an individual has substantial activities in self-employment or freelance work that leads to financial gain, they could be considered ineligible for any benefits.” But under some scenarios, you could earn freelance or self-employment money and still be eligible for unemployment benefits.
“The self-employed claimant may, however, restrict the number of days in a week to less than four days and be eligible for partial benefits regardless of the amount of income.” Again, a lot of this is open to interpretation. So call the state Labor Department for more information as soon as possible. You don’t want to end up having to repay any of the benefit money you received.
——— (Carrie Mason-Draffen is the author of “151 Quick Ideas to Deal With Difficult People.” She welcomes questions for the “Help Wanted” column. Contact her at 631-843-2450 or carrie.draffen@newsday.com.) ——— (c) 2009, Newsday.
