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Do we apply for unemployment in OH or in our home state? sm

Posted By: NiceGirl on 2006-05-09
In Reply to: Heartland... now what do we do? - NiceGirl

Do we apply online where the company is based or where we live? I've never been in this situation before.


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You apply in your home state.
You may well be able to do it online .. check it out.
You really need to contact your State Unemployment

Depends on the State you live in.  Asking your State Unemployment Office would give you accurate information.  You may be able to e-mail them (I know getting through by phone in almost all States is a pain now).  They may also have answers to that exact question on their Website FAQ.  I am sure others have had that same question. 

But, before you waste too much time, you really have to ask yourself if you like your job. 

A lot of people do not know how employers are charged Unemployment.  For those who do not, here is how it works. 

Unemployment is paid by the State government. Employers pay into a fund based upon the number of employees they have. The State government collects the money paid in and puts it into a trust fund. Unemployment benefits are then paid out from the trust fund. The amount of money (unemployment insurance premiums) an employer pays is based upon their history of payouts. A company that has high numbers of payout will pay more per employee then will a company who fires or lays no one off  (like auto insurance - a person with more accidents on their history pays higher premiums then a driver with a clean record).  This can range from 0% to 6% of taxable payroll. They also have to pay an Administrative Tax to the State, who has to keep track of the UC Claim and print out the check, etc.  This is also a percentage. It gets pretty complicated after that.  

 That is why employers fight every new Unemployment claim.  It is one thing to piss off a former employer (especially if you were fired and never plan to work for them again) and pissing off your current employer.  So you really have to be sure the amount of money you can get from your employer in Unemployment is worth the pain they can inflict on you.  We all know employers who make life miserable for an employee by giving them the god-awful dictators and QA them to death in order to get them to quit so they do not have to pay Unemployment, and there is no way to prove that. 

Hope this helps. 

Good Luck. 



I had received unemployment in NY state after I quit.

I left a full-time position at a hospital for another facility who offered more money.  The manager at the new facility who hired me told me that I was being hired as a full-time employee, but that I would have to work part-time for 2 weeks until the girl I was replacing left for good.   This girl stayed on for another 2 months until she finally left, and then when she did the facility was cutting back on costs.  So not only did they plan on keeping me part-time, but they wanted me to work 2 different days at 2 different facilities for 4 hours per day.  Each of these facilities was 30 miles from my house (the original one I applied at was in my same rural town), and so between paying for daycare for 6.5 hours a day and the mileage for driving back and forth for only 4 hours, it ended up costing me more to work than it did to look for another job.  I applied for unemployment insurance and at first was turned down.  But, then I won the appeal because I had printed out all email correspondence where she stated I would be hired full-time within 2 weeks.   The unemployment office said it was unfair hiring practices or something like that.

But in the case of working at home, and if you work for the same company I think you do (because I just left a company for some of the exact same reasons), they stipulate that you must meet a quota in order to be considered full-time with benefits.   It is extremely unfair if the quota can't be met due to THEIR fault, but I think that's how they get you over the barrel. 

Hopefully this person will file for unemployment in their state and
hopefully their state is not Florida so that state will find out that Medware has not been taking out state taxes as most states require. This is a quick way to get MedWare for breaking many states' rules. Tell them to file for unemployment just to get MedWare's name in the hat for investigation of not taking out the state taxes that they should have been taking out for quite some time now.

They think they are above the law on that but some states have it spelled out in the individual state codes. MedWare knows this and has chosen to ignore this.

They need to be held accountable.

Just because they are in a state that does not have state taxes does not mean that Florida law applies to other states because it does not. The state the employee lives in is the law that applies.

How soon do we apply for unemployment? ASAP or after our layoff date of 7/7? nm
In my state, if they hire you full time, then do not provide the work you can draw unemployment -
You would have to talk to someone in your state, but I was able to draw partial unemployment while still working in Georgia. I had to report in each week how much I made and they gave me partial benefits. To qualify, you had to have been hired full time.
Wouldn't we all..but I did apply and have not heard anything. See the post below where they state
the work is consistent and sporadic.  I just figured something like that could be a good IC job and still keep my FT.
In the early days, MedQuist said working at home was a benefit, therefore at-home sm
employees did not receive as many benefits as those working in-house.  As I believe, it was something like at-home employees got 3 days off a year versus 10 days for the in-office employees -- WHAT?!!!  I told them it made no sense to me, since by working at home I was saving them money -- no need to provide office space, equipment, references, utilities, etc. -- yet I get shafted.  I was only part-time when they took over the previous company with their great policies, and I told them to kiss where I can't. 
Unless something has changed, health insurance rates vary state by state, so we may not have the
info you need.  I'm an IC so I don't have benefits.
You are correct. The state that rules is the state the employee lives in.
My state laws has is spelled out in their Code. If another state does not withhold, they are fined heavily and if they don't withhold for years, their fines are pretty bad. I worked for a Florida co that did not withhold income tax for my state even after I brought it to their attention in the state code. They kept saying that they would eventually and never did. After two plus years and when I left, I made it known to my state all the conversations, the state refunded me all late fees they charged me and then said they were going after the company in Florida because they had many employees in our state. They deserved it. They knew better.
The state you live in or the state where the MTSO is located? nm
If company is in state that has no state taxes
they are not required to take out state taxes.  It's enough to keep up with your own state tax law code, could you imagine having to stay abreast of 49 other state tax codes?  The cost would be huge and ultimately passed on to us by lower line rates.  Regardless of who owes the tax, someone has to pay it.  Just a matter of convenience I guess. 
Not state by state, federal labor law - sm
and you don't have to be asked. If you work it, asked or not, they have to pay time and a half OT rate for hours worked over 40 in a week.

Taken right from U.S. Dept of Labor -
An employer who requires or PERMITS an employee to work overtime is generally required to pay the employee premium pay for such overtime work. Employees covered by the Fair Labor Standards Act (FLSA)MUST receive overtime pay for hours worked in excess of 40 in a workweek of at least one and one-half times their regular rates of pay. The FLSA does not require overtime pay for work on Saturdays, Sundays, holidays, or regular days of rest.

Extra pay for working weekends or nights is a matter of agreement between the employer and the employee (or the employee's representative). The FLSA does not require extra pay for weekend or night work or double time pay.

Different state to state. You would be surprised to find

IC can be defined differently state to state.  Even the IRS cannot come up with a definitive set of rules.  You would be surprised how many ICs actually get unemployment in some states.  If the unemployment claim form asks specifically if you are an independent contractor, do not lie, but if it does not, do not volunteer it.  Let the company prove you are a true IC according to the rules of your state.  All you lose is a few minutes filling out the claim form.  I would only do it as a last resort.  If you can find work fast, by all means go for it, but the way things are now with all the VR and off-shoring, it is a backup if you cannot find work.  No one should go hungry because they are afraid to file for Unemployment as an IC. 


They should take out state taxes for the state
It varies from state to state
Varies from state to state
My own state recognizes partial unemployment, too, when your work gets cut down to half of your regular workload/income.
Can IC even get unemployment?

This is very interesting to know.  Maybe it is something to consider when given an option to work as an IC or an employee.  If you don't mind me asking, what state are you from?

Anyone Know Unemployment Law?
What is unemployment situation when US employer is defunct but employees (supposedly) get absorbed by off-shore company?
Ok - not quite sure why this has been such an issue. When I applied for unemployment, it was KS actions that determined that I was unemployed. Just as if I had any other kind of job - had I been laid off or terminated - I would have applied for unemployment - I don't know who wouldn't. So, I'm not quite sure why this has been so blown out of proportion. My counselor is the one who had to deal with KS - and they reported back to me what was going on - not the other way around. I had nothing to do with the determination of whether or not I was entitled to unemployment. That was determined by the laws in my state and I was told that my previous employer did not understand the law - I did not say that to just be saying it. A lot goes into the determination of unemployment and if you meet the criteria - then you begin to receive your benefits. In searching for MT jobs, there are not a tremendous amount of jobs that met the criteria of what I was working with KS. I immediately found work as an IC and received only the difference in the amount I earned and the amount of my benefit. I was never offered anything of employee status, so I just stayed with the IC job. I would ask - if you or your spouse lost your job - would you not apply for unemployment? Until you are in that position, I would ask that you not judge what others do. Perhaps someone out there has learned something from these posts, if nothing more than to file for unemployment if they lose their jobs. Certainly there are people losing jobs everyday - lest the job-seekers boards would not have new job postings everyday. I do not take offense at those who have called this fraud or illegal - I just realize that they are ignorant of the unemployment laws of their state. My next post for companies is what information they can and cannot give legally on previous employees if contacted for a reference. That will open some eyes, I am sure.
How long do you have to be at a place of employment before you can collect unemployment?
They go by last two years, you have to have enough months in a two year period - check your local office online

Most of the time as long as you are laid off or fired for reasons that do not entail stealing or being drunk on the job does not matter how long you were on the job. -- exception might under 30 days but am not sure.  However, what you are paid depends on the last 4 to 5  quarters (which is 12 to 18 months ago) prior to the quarter you are in.  If you get laid off after June 1st, you check is based on the first quarter of 2007 and possible all of 2006. Again like other posters have said, check out your state.  If you were not employed much in the the past year and half, your check will be quite small if anything at all.    Again go on line to your state page and it will direct you to the unemployment page.  You must be employee and not IC. 
You should be able to get unemployment
The unemployment office will contact SPI to verify that you were, in fact, laid off and will ask for the reason why you were let go. You should qualify for unemployment until you find another company. Good luck!
I would take unemployment!
The same thing happened to me 4 years ago.  MQ took my job and I refused to go with them.  I then waited until I found a decent company to work for.  If you are used to working in-house, it might take you a while to find a company that is a good fit for you.  Good Luck!!
SPI and unemployment

Please excuse typos in first note.  Long day, even longer week!


And don't we pay our OWN unemployment? sm
I was under the impression WE pay into it, the company doesn't. Check your pay stub.
I wonder if they offer you another shift if you can get unemployment. I mean not many people can do a third shift. I know I can't - I'd fall asleep!
IC and unemployment
Depends on what state you live in. In Oregon, you are screwed...been there.
did you get unemployment??
TT and unemployment...sm
Just wondering if anyone there has filed for unemployment and gotten it?  I have worked every day this pay period and won't make my lines.
I don't think we are eligible for unemployment, as we are not employees. Correct me if I'm wrong.
The sad thing is we can't get unemployment and we are not to retirement age yet!  Good luck to you too!  My husband actually suggested I start housecleaning other people's houses for a living - at this rate it may pay better - LOL
No you can't quit a job and get unemployment.xc
Unemployment Rights
Hi - sorry about your unfortunate experience with Spheris. I don't know if the unemployment laws for the state in which you reside or the state in which THEY reside would apply. Anyway, here's the Tennessee website for employee/employer rights: http://www.state.tn.us/labor-wfd/esdiv.html. Perhaps this is your chance to start off 2006 with a company that appreciates what you bring to the table, utilizes your talents effectively, and allows you to grow while making a living wage! Best of luck!
Another point is unemployment. Think about it. They are
evading tax laws. Report them to your state. The state will get them eventually. Believe me. I know mine is working on this one company and I believe I will check with them to see if they have done anything yet. When they actually return a late fee to the taxpayer, that means they have finally listened and they did pay all late fees they ever charged me because as an employee, that is not my job to do the taxes. It is the employer's job.

A good company will abide by the tax laws. A company that tells you they do not have to pay your state tax has not done their homework. When they get zammed by your state with late fees, then they will find out.

They said we should apply for unemployment asap but how can we do that if we are still working for them until 7/7?

Also, how much is unemployment usually? I've never been on it. I've heard it is about 66% of your usual pay? Is this correct?

Also... can you apply for Medicaid with unemployment? The COBRA rate is at least $540 for myself and my daughter. :(

When do you file for unemployment?

My job has not had any work for 2 weeks now.  If there is no work, can you file unemployment?  Or do I wait until they let me go and then file?



Yes it is - that's why I do not think she can quality for unemployment.
me too!!!! just got the call :( :( unemployment here I come.
with unemployment like it is - if you got offered TAKE IT
who cares if it's harder or easier. So many out of work. So many trying to get jobs. TAKE WHAT YOU CAN GET.
Unemployment compensation
Has anyone been able to collect unemployment due to lack of work? This is towards those who are employees and not ICs.  I was just wondering if we are eligible for something like that.  I've never collected in my life and was just curious if anyone else had. 
I have been drawing unemployment -
I live in Georgia and I was able to draw unemployment due to lack of work.  I had to meet the requirements of having been hired as a full time employee and there not being enough work for full time anymore.  If you are going to apply, keep meticulous records in case they deny you and you have to appeal.  Every week I have to report how much I did make that week and they subtract that from my benefits.Email me if you need to talk more.
I have been drawing unemployment -
I live in Georgia and I was able to draw unemployment due to lack of work.  I had to meet the requirements of having been hired as a full time employee and there not being enough work for full time anymore.  If you are going to apply, keep meticulous records in case they deny you and you have to appeal.  Every week I have to report how much I did make that week and they subtract that from my benefits.Email me if you need to talk more.

Question about unemployment compensation

I work for a national that introduced a new platform several months ago that has had problems virtually daily, ranging from bad sound, jobs not showing up on line count, to long jobs actually being "taken away" from someone and given to someone else after the original person completed most, if not all, of the job.

The newest problem it now has seems to be that you can't access work on this program when work truly does exist.  However, it's impossible to tell if the program isn't working or if there truly isn't any work.  So you never know just what's going on.  Tech support can't fix the problem, and if management cares, they sure don't show it.  In addition to all this, my account has suddenly been overstaffed, so I'm constantly fighting for jobs.  I can't tell if the new person is being played as a favorite, if the program is malfunctioning or if there simply isn't any work.  As a result, I can't earn enough money to pay my bills, and this is through no fault of my own.

If I quit under these circumstances, can I collect unemployment (until I can find another job)?  Does anyone know? 


You can only quit a job and collect unemployment under

extenuating circumstances.  I quit a job where the boss was temperamental.  He would cuss, punch holes in the wall, and scream at us.  One of his employees kept making rude and suggestive (more than suggestive) remarks to me, even telling me he was going to rape me.  Another employee actually grabbed my shirt and bra right in front of customers.  When I complained to the boss about the sexual harrassment, he told me I was a big girl and could handle myself.  I quit.  I went to the unemployment division, and they said I could collect unemployment benefits, as well as file a lawsuit against the owner for not stopping his employees' behavior and for a hostile work environment.  I got offered a decent job less than an hour after that, so I didn't bother.  I always think that maybe I should have.... 

Anyway, I doubt you could collect unemployment in your situation.  You need to start job hunting now. 

I fiiled unemployment with MedQuist and got it,
filed for partial unemployment

I don't know completely your situation, but a few years ago, I filed for partial unemployment while employed at a service b/c the workload was extremely sparse and did receive it.  When I filed, I also went looking for a new job and found one within a month. 

My suggestion like others is to start looking now for a new job, but if the workload is low, you could possibly get partial unemployment now until a new job is found.  Every state is different, so you would have to check with the unemployment office in your state regarding benefits, insurance, etc.  Good luck in your search!

It's called structural unemployment..
for US losing jobs to offshore. It is not necessarily a bad thing though because it forces Americans to find other jobs and be creative (my husband and I are building a new business) here in the US. When we run out of something here in the US, Americans get going and find something new to do!! It will in the end actually make our economy better. I like to think of it being similar to the post WWII technology revolution when machines replaced people in assemblyline work. Americans recover and our economy will be better off for it. We are a brilliant country and from this, we will also recover. I have about 1 year in MT left and I can't wait to get out and leave the low pay and no respect to the offshore. If they can do and want to for the pennies they get, more power to 'em!!