unemployment for remote worker?

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Latest post 07-20-2010 6:03 PM by PattyPA. 14 replies.
  • 07-20-2010 4:30 PM

    • stacyemm
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    unemployment for remote worker?

    I have been working from home in Washington State - (FT work, fully benefitted) for a company based in New York. 

    Last week I was laid off and do not know which state I should be making an unemployment claim in.  

    There is a lot of conflicting information.

    Can anyone help?

    Thank you,

    Stacy

  • 07-20-2010 4:35 PM In reply to

    • Drew
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    Re: unemployment for remote worker?

    I'll just bet you were considered a NY worker for tax purposes--but I'm not sure that answers your question.

    Me, since UC is rarely retroactive, in cqase I could not get reliable answer,  I might file timely with each state to be sure my foot is in the door...



  • 07-20-2010 4:35 PM In reply to

    Re: unemployment for remote worker?

    File in WA.

    There is nothing conflicting about it.

    Do it today.

    I'm speaking from experience. I worked in AZ for a CA company. When I lost the job I collected unemployment in AZ.

    You collect in your state of residence regardless of where the employer is located.

    http://www.esd.wa.gov/

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 07-20-2010 4:37 PM In reply to

    • stacyemm
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    Re: unemployment for remote worker?

    Thank you - I will do that!

     

    Stacy

  • 07-20-2010 4:42 PM In reply to

    • stacyemm
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    Re: unemployment for remote worker?

    I have not been able to speak to Washington State Unemployment - Message tells you to call back in two days!  

    On their website it states that I need to have been a resident of Washington for two years to receive unemployment - have no idea where that leaves me. 

    So frustrating.  

    I believe maybe an employment lawyer will be the only one to know the answer to this question!

  • 07-20-2010 4:45 PM In reply to

    • cbg
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    Re: unemployment for remote worker?

    So, how long have you been living in Washington?

    With most if not all employment law, it is the state where YOU are that matters, not the state where your employer is based.

     

  • 07-20-2010 4:51 PM In reply to

    • Drew
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    Re: unemployment for remote worker?

    I'm not up on the residency time issues.

     

    But some of the states are odd--and especially as to NY you may have been paying UC to NY and been deemed a NY worker for just about all purposes even if you lived elsewhere.  Its a common problem of fork who live in NJ but commute to NY--but NY takes view that a homeworker in say  TN for a NY firm is  NY worker even if they never set a foot in NY just so long as the work instructions or work product passed thru NY. --so I agree its very confusing.

    Now if you were a service rep for a NY firm in WA to service WA clients you'd most likley be a WA employee.

     

    My view, if totally confused--file both places .  And if you don't meet WA residencey requirements, be sure to file in NY.



  • 07-20-2010 4:55 PM In reply to

    • stacyemm
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    Re: unemployment for remote worker?

    I have been living in Washington State for one year.

  • 07-20-2010 4:58 PM In reply to

    • Drew
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    Re: unemployment for remote worker?

    I'm not at all sure there is a 1 or 2 year residency requirement--I thik its more like 680 + counted work hours in the base year in WA?



  • 07-20-2010 5:17 PM In reply to

    • Drew
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    Re: unemployment for remote worker?

    There is a 2003 appeals case  (Allen?) in NY where a teleworker from Florida  to NY was held not to be a NY worker for UC purposes--but the literature suggests the area is confused--and in the NY case the person "quit" rather than move to NY to take a  NY job so she probably would have lost on those grounds as well.

     

    Obviously each state has a $ incentive to say you are not mine to cover!



  • 07-20-2010 5:29 PM In reply to

    Re: unemployment for remote worker?

    Considering the other responses, I would definitely file in both states.

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 07-20-2010 5:43 PM In reply to

    • Drew
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    Re: unemployment for remote worker?

    PS "Allen" had the unique result of being disqualified in BOTH states!



  • 07-20-2010 5:48 PM In reply to

    Re: unemployment for remote worker?

    The area is "not confused".  The law is clear that unemployment taxes are due to the state in which the employee spends the majority of his time.  If the employer reported your wages and paid the tax to Washington, as they should have, NY won't have any wages for you anyway.

    They're probably not explaining the situation correctly, in that the claimant has to have earned WAGES in Washington for XX period of time.

     

    File in WA.  If your financial  determination comes back as "no wages",  THEN follow up with WA.

     

  • 07-20-2010 5:52 PM In reply to

    • stacyemm
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    Re: unemployment for remote worker?

    Thank you for all your responses!! I did finally reach someone who was able to verify that I would be paid from Washington State Unemployment, but I must make my claim over the phone - can't to it online.

     

    I am hoping that they will backdate the payment to the last day of my employment - it's only been a week, but I do not know if it is retroactive.

     

    Thanks again!

    Stacy

  • 07-20-2010 6:03 PM In reply to

    Re: unemployment for remote worker?

    I wouldn't count on the benefits being retroactive, but you can try, using the argument that you were waiting for information and did not receive a response.  There's a one week waiting period anyway.

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