Unemployment: How Does It Work?

[RippedMan]

Posted: 3/8/13 at 3:31pm

So I'm a free lancer, and I'm working in Florida for a few months, but from the city, but grew up and stuff in Georgia and have mail sent there still sometimes to my parents' house. I'm going to be staying there after this gig is over for a bit and then do some traveling to hang with family/find more work. How do I go about unemployment? Do I claim in NY, GA, FL? How long does it take?

[artscallion]

Posted: 3/8/13 at 3:35pm

you claim in the state that you live. They coordinate with whatever state you worked in. Some states mail your check. Others make you com in each week to get it.

[CarlosAlberto]

Posted: 3/8/13 at 3:39pm

[Phyllis Rogers Stone]

Posted: 3/8/13 at 4:25pm

It may vary from state to state, too. I moved from Illinois to Missouri a few years back when I left my job. I claimed unemployed from Illinois and was able to do it all online. I never had to check in in person.

[SNAFU]

Posted: 3/8/13 at 4:28pm

As a freelancer did you have taxes removed from your paycheck and pay into unemployment or were you paid as a 1099? That will determine whether you are even eligible for Unemployment.

[WestVillage]

Posted: 3/8/13 at 4:34pm

Freelance workers are generally considered "self-employed"; you are not on the company's payroll and you are not an employee. You are contracted by the company as an outside vendor. If that is the case for your Florida gig, you would not be eligible for unemployment.

[AEA AGMA SM]

Posted: 3/8/13 at 5:06pm

You don't always file your claim with the state you live in, especially if you don't have any qualifying work that was done in that state. There are newer laws in place that allow you to file in any state that you have done qualifying work in (i.e. work that you will receive a W-2 for that had state and federal taxes withheld from your paycheck). The advantage this gives to the claimant is that some states have better benefits than others. New York, for instance, will cap your weekly benefit at a maximum of $405 a week, even if you could qualify for more. Other states have higher caps, or no caps at all.

[CarlosAlberto]

Posted: 3/8/13 at 5:40pm

Let's be clear on this: you file your claim in the state you WORKED in. You just can't file an unemployment claim in any ole state you want to just because that state may have a higher benefit.

[FindingNamo]

Posted: 3/8/13 at 5:46pm

Actually you can. My friend Abby Normal and I went out for blender drinks last week at a TGI Friday's called See You Next Tuesday's and she told me you can just walk in with a rhinestone Hello Kitty case on your iPhone 5 and demand cash because you have no job and they just give it to you without checking if it's even true.

[Phyllis Rogers Stone]

Posted: 3/8/13 at 5:48pm

I don't know that that's true, though, Carlos. I'm pretty sure I could have applied in Illinois (since I worked there) or Missouri (since I was now a resident). It's been a while and, like I said, it may vary from state to state, but I'm pretty sure I had the option.

Updated On: 3/8/13 at 05:48 PM

[AEA AGMA SM]

Posted: 3/8/13 at 5:54pm

Carlos, that's basically what I said. Of course if you are working in theatre you can end up working in numerous states over the course of the qualifying period and thus you can figure out which of those states would give you the best benefits.

Posted: 3/8/13 at 6:42pm

And they give you as much money as you want. My friend's cousin's boyfriend was making over $1000 a week on unemployment and spending it on drugs and Faberge eggs. Our tax dollars at work.

When I was on unemployment however I got $315 a week and I filed in the state I was living/working in. When I moved I called the new state and they explained how to change my residency. I had to call in every two weeks and verify my stats.

[CarlosAlberto]

Posted: 3/8/13 at 7:41pm

That's different Phyll. I just meant that if I live in NYC and I lose my job and I see that California has a higher benefit I just can't apply for unemployment benefits because I want a bigger check.

[artscallion]

Posted: 3/8/13 at 8:57pm

I was working in MA for a few years. I was layed off and moved to another state. I tried to file in MA but they told me that because I was living in another state that I had to apply there. I did. The new state I was living in then coordinated with MA and the benefit money came from MA to the new state who then payed me. I didn't choose to do it that way. They have rules and will tell you exactly where you have to file and who will pay your benefits.

The benefits will come from the state you worked in. But where you actually have to apply for those benefits is a separate issue.

As has been said, every state has their own rules. You should check with yours.

Updated On: 3/8/13 at 08:57 PM

[JohnBoy2]

Posted: 3/8/13 at 9:11pm

OMG, Namo! Thanks for the tremendous laugh!

[Jon]

Posted: 3/8/13 at 9:54pm

In Illinois, your benefits are direct deposited into your checking account every two weeks. You file online. You only have to go into the office if there's a question or dispute about your eligibility.

[SNAFU]

Posted: 3/8/13 at 10:11pm

Ultimately it comes down to eligibility. If you are a Freelancer, by definition, you are not.

[AEA AGMA SM]

Posted: 3/8/13 at 10:27pm

Even then it depends on how you are using the word freelancer. I describe myself as a freelancer (as do many stage managers without a resident position), but Equity only allows 1099 payments under the various code agreements, not under full contracts, so I still qualify for unemployment on most of my jobs because a W-4 was filled out and the company I was working for was paying and withholding all appropriate taxes. That's one of the many reasons I hate working on Showcase codes. The pay is crap, and when it is a decent pay you still get screwed over because then you have to pay the self employment taxes on that.

[Fantasma]

Posted: 3/8/13 at 11:28pm

And since you're travelling, you may want to find out if, like in some states, you will have to be submitting a work search log every week. Where I live, they can also require you to come in at a week's notice with your work logs so they can determine if you should still be receiving benefits. If you don't show up, they will deny your benefits going forward, and you will not be able to reclaim until having earned a certain percentage more than what your weekly payment would be. This can be hard when you're travelling and can't get home in time for the appointment.

All states are different, but this is how quite a few of them operate.

[RippedMan]

Posted: 3/12/13 at 10:41pm

Hm. Well, I'm an actor. Just said freelancer because that's kind of what it is. I mean, I work for myself, etc. But right now I'm working in Florida, but going home to visit family and then going to LA for a few weeks to try it out. Can I still do unemployment for Georgia (since all my mail is still sent there, my driver's license is from there, etc), but I'll be in LA?

[SNAFU]

Posted: 3/12/13 at 11:08pm

Yes, an actor but did you have taxes and unemployment removed from your paycheck every week?

[RippedMan]

Posted: 3/12/13 at 11:20pm

I think so? I mean I have taxes and stuff removed?

[Phyllis Rogers Stone]

Posted: 3/12/13 at 11:26pm

Do you think someone you worked with might know? You can't be the only person there who's not from Florida.

[RippedMan]

Posted: 3/12/13 at 11:31pm

I'm sure I could ask one of the people who run the theater. They mentioned on our first day if we are going to file unemployment to do so-and-so. So, obviously they've dealt with it before.

I just don't know if I file where my parents live, and then go to LA for however long, if I'll be able to get unemployment. I'll be out there auditioning and whatnot, so who knows how long I'll need it for, etc. So I don't want them to cut it off because I'm not living in Georgia.

[Phyllis Rogers Stone]

Posted: 3/12/13 at 11:43pm

From my experience, if you are living in another state and actively looking for work, you can continue to collect it as long whatever the state's limit is, so where you live shouldn't be a problem. But I never had to do anything face to face and could file and check in each week online. But I don't know if that would apply to you.

I'd definitely speak to people at your theatre, and see if they have any insight. Did you have other jobs that will contribute to what you'll get in unemployment? You said you were from the city above, you mean NYC? Did you earn any money there?

Yours is a kind of weird situation, though.