by L. Page
(Alabama)
On September 4 2009 I was laid off from my work at home job. Here is the story. From 2001 until Aug 23 2009 I lived and worked in Maryland. During a week of my vacation at this time I moved to Alabama. I was still working for the same company out of my home. During the period of Aug 24 – Aug 3 I took a 2 vacation days for a death in the family. On Sept 4 2009 I was laid off. Employer gave me 2 weeks severance 3 days vacation pay and the promise he would not stand in the way of my UI.
So, I filed mu UI claim with the state of MD in 9/09. When they asked me if I earned any wages in Alabama I said no, because I did not think the week would count. I told them I was getting 2 weeks severance and the rest of my vacation I was told they would delay payments untill those 2 funds were exhausted. When they searched their system they did not see anything from Alabama. They processed my claim all was good.
In March of 2010 I began Tier I EUC. I called the claim center told them my 26 weeks were up but still no work. They started me on the EUC all was fine.
Here it is Sept 7 2010 I was told my benefit year was going to expire on 9/5 and I must call MD Unemployment to open a new claim.
Bright and early today I contacted MD unemployment filed a new claim, thought everything was OK. 2 Hours later I received a call from a Supervisor stating my claim was canceled due to wages earned in Alabama ($5203.90). I explained to the supervisor that at least half of that was severance and vacation pay. She told me it did not matter I must file a new claim with Alabama due to the wages that were reported. She also told me that I was overpaid with the EUC, I should have not been put on EUC and the rep should have instructed me to file a Combined Wage Claim in March. Se instructed me to call Alabama UI center and have them refer to the WIC screen for details
Disqusted, I called Alabama UI and the gentlemen assisted me with starting a new claim. Right off the saw all the money I made in MD versus the amount in Alabama . He told me that I was not eligible for UI in the state because I did not work the base period. I was also told that the severance pay I got does not count in Alabama so which was about $1600 of the 5203.90 I earned in Alabama. So I ask what do I do now? He told me I would get a letter in the mail stating that, but the WIC screen from MD instructed Alabama to do a Combined Wage dating back to April 2010. Then the rep said that all of the overpayment would be deducted from Alabama as well as any Unemployment payments Alabama would give me would be paid back to MD. All because I worked 1 week in Alabama for the same company that laid me off??? They are saying I was not entitled to the MD EUC because of the wages I earned in Alabama. Alabama says I did not qualify for benefits anyway. Neither one wants to pay on the claim and by the tier count I still had 26 weeks left of EUC benefits. I contacted my former employer and was told that they did not pay anything to the state of alabama for unemployment insurance because of the small amount of time I was employed in the state. What can I do?
Hi L,
Please allow me to preface this answer with … UNEMPLOYMENT EXTENSIONS ARE A WEAK SPOT IN WHAT I KNOW ABOUT UNEMPLOYMENT.
Having said that .. I am confused .. I don’t have a “screen” to look at and like I said .. extensions .. yuck!!
MD will not have an alternative base period until March of 2011 See the letter to DOLETA for the full incentive payment
That means that when you originally filed in 9/09 your base period should have been the standard .. the first 4 of the last 5 COMPLETED quarters.
4/1/08 through 3/31/09 .. look at your original monetary determination .. this should be your BP (base period). Your benefit year should have began 9/09 (BYB) and ended 9/10 (BYE).
The wages you may have earned in Alabama wouldn’t have counted for that benefit year.
You said your severance and vacation delayed benefits.
An extension .. extends a benefit year and by virtue .. a base period .. there can only be one BP attached to one BY.
So, where does MD get off trying to say they overpaid you extensions because of wages that were never considered for that benefits year.
They only count now for this 2nd benefit year .. which the base period is now 4/1/09 through 3/31/10.
And since your employer has told you that all wages were reported to MD and not Alabama .. I have no idea why or how MD thinks they are going to get out of paying you benefits .. let alone claiming they overpaid you.
Beyond this .. I’m clueless, but it is what I would be asking them to explain to me ..