Can I Still Get Unemployment While I'm Working?

[@derekprinceweems]

Kathy thank you thank you thank you

[@HustleMagnets]

Very good video!

[@RavenSessom]

Hi, I have a question. Will I lose my benefits? Does Oklahoma consider lack of transportation a good cause of not being able to accept work? I was offered a job and I took the job at first. I went through background check process. I fill out all paperwork. When it background came back, i could not take the job anymore due to being in a car accident. My car is not drivable so lack of transportation.

[@kathybushnellesq]

No, lack of transportation is not good cause for refusing a suitable offer of work. You are not required to have a car, but you do have to have a reliable way to get to work. Depending on your area, you can walk, ride a bike, take public transportation, etc. Any of these things (or others - be creative!) will satisfy the "reliable way to get to work" requirement.

[@CustodiaMcDonald]

if I’m 20 hours weekend because I’m have bill for pay rent car insurance gas’ light food for my kids

[@kathybushnellesq]

I don't understand your question or if you have one. Can you reword it for me?

[@curtissmith2550]

So I was out of work, around 4 weeks i applied for unemployment the first week in im sure I was approved, but I got a job, can I still claim the cpl weeks back pay? For thenweeks I was out? I did not make my 3 contacts due to lack of knowledge.

[@kathybushnellesq]

This answer assumes your claim is in Oklahoma. You can apply for benefits for any week that you were unemployed the way the law defines that. However, in order to receive benefit payments, you must meet all other eligibility requirements.

[@85dhavalpatel]

I am taking unemployment. I am working seasonal job 13.00 per hours weeks. I can get partial unemployment.

[@kathybushnellesq]

This answer assumes your claim is in Oklahoma. Working 13 hours will meet the "less than 32 hours per week" requirement. However, keep in mind that you must ALSO meet the earnings requirement. If your GROSS earnings for that 13 hours is less than your weekly benefit amount + $100, then you should qualify to continue receiving benefits, provided that you meet all the other benefit requirements.

[@85dhavalpatel]

@@kathybushnellesq my unemployment earnings$ 320.00 plus tax per weeks. Part time job earning$ 234.00 without tax. Per weeks. How they match.

[@healthkoncious5534]

I’m trying to file because my hours are now decreased tremendously I make 21 an hour and work 45hours a week I went down to 24 originally and now 0 due to a work injury that they want me to file unpaid leave for. Id much rather file unemployment but when unemployment ask am I discharged or still working idk what to answer. Yes I live in Oklahoma City

[@kathybushnellesq]

@@healthkoncious5534 At the end of the day, it doesn't matter which option you choose. The adjudication staff can change the coding on their end if it's necessary. The important thing to to pick an option & explain your situation. One thing to keep in mind is that you must meet all requirements in order to receive unemployment. One of those requirements is that you are able & available to seek & accept work. That doesn't mean you have to be able to do the job you currently hold, but there must be some type of work that you can look for and/or perform with the restrictions you have due to your injury.

[@LetoyaTucker]

Hi, Mrs. Kathy. So I was offered a job. The lady sent me onboarding through my email. That means I’m hired right? Will that show up to unemployment that I’m hired or do I actually have to complete the onboarding? I have not completed onboarding. I have been contemplating on completing because of the inconsistencies with the hiring manager. She was supposed to hire me but hired two other people before me. When I had my first interview, she said ok so if this lady does not take the position as she was suppose to let her know by Monday and she would contact me. She did not. I actually reach out to her and ask if she has decided to go with job. That’s is not how interviews go. If a person declines job, then next candidate is interview and offer if it’s still available. Then she called me another time and said ok I have second shift open because there was issue with a guard a no call no show. She called me back within an hour and said they said not to fire hire him. Now she calls me again and says ok so I have a lady who wants move to second shift so I have first shift open for you but she doesn’t know just yet. I’m like ok great. So she calls me back and states ok so this is the case the girl can only move to second shift temporarily she doing so do to transportation issue so you’ll will be working on first shift only for month and possibly move to second unless a first comes available. I don’t like “Temporary” because I feel I will be just used and then laid off. Like how will that work? Will unemployment go off new job or go back to claim if I was to take job and immediately laid off. I am getting unemployment from my last job although I had to appeal if got reversed as employer did not show. I was awarded now they are appealing go board of review. I just don’t get it. You don’t show up but they’re giving a chance to appeal. I feel as if they will win.

[@kathybushnellesq]

Whew! I can see why you're having second thoughts. My answer assumes your claim is in Oklahoma. Will the hire be reported to unemployment? Maybe. There is a database that employers are supposed to submit their new hires to & that database is crossmatched with unemployment claims. Who knows whether the employer enters your info into the database at all or at what point in the hiring process it happens? I've seen it happen when the job offer is accepted, but I've also seen it happen several weeks after the hire. I would not worry about that. It's outside your control. That being said, YOU HAVE AN OBLIGATION TO REPORT THE OFFER! One of the weekly claim questions asks whether you refused work during the prior week. If you are offered a job & you turn it down, YOU MUST REPORT IT! A stop will go on your claim so the offer can be investigated. If OESC determines that the offer was suitable & you turned it down, your claim can be denied. But the offer of work must be suitable. What's a suitable offer of work? Well, there are lots of factors that are evaluated. Does the offer align with your prior work experience, education or training? Is the pay comparable to your previous work? What about the shifts? You mentioned the work would be temporary, and that is something that gets factored in. How much impact that has on the decision is dependent on the industry you're working in, whether that's the norm, and whether you've accepted that type of work before. If the potential employer is a temp agency, the analysis may vary a bit. You also asked about how this [potential] employment would impact future claims. If you work there & separate, a claim would most likely be filed against the new employer. The way the law is applied for denial purposes may vary depending on how long you end up working there. Generally speaking, the analysis is the same as for every other claim: are you unemployed through no fault of your own? If the answer is yes, the claim should pay. Finally, re: you former employer's appeal to the Board. It doesn't matter if they bothered to show up for the hearing. They still have appeal rights, just like you would if the situation were reversed. Generally speaking, the Board reverses only about 2% of the time. But keep in mind that the Board is prohibited by law from accepting new evidence. The only time either side can present evidence for a claim is at the telephone hearing. If the employer couldn't be bothered to attend, too bad, so sad. They do not get to present their case. Worst case scenario is the Board sends the case back to the Tribunal for them to hold a hearing on whether the employer had good cause for missing the first hearing. If so, then - and only then - the hearing officer would conduct a do-over hearing about why you separated. And in the unlikely event that the Board reverses the lower decision, the result would be an administrative error overpayment. See my blog on overpayments for more info about that.

[@LetoyaTucker]

@@kathybushnellesq Thank you so very much for your reply. I truly do appreciate it. Because I am just so confused here. Yes, I feel there is dishonesty because someone I know that works there said she hired two other people but was supooss to hire me. Both quit the next day. She has no clue that I am communicating with that employer. Its like now she needs me cause she said I am going to go ahead and hire you in and just complete the onboarding process today. That's why I asked about onboarding and unemployment. I wish I would've just said let me think about that so that I dont mess up my unemployment I have not completed the onboarding. Ok, this is my first time going through an appeal and second time ever receiving unemployment in my life. I have always had a job. I'm not sure how this appeal stuff works. This company said I used profanity was fired for misconduct. I Instantly filed the appeal. They didn't show up. It was reversed and I was paid. True enough I was written up 2 times prior to the last incident leading up to termination. I was harrassed by that supervisor for the longest and he also shows favoritism. I have witness for that aa he cursed me out on the phone as she was on the phone as well. The day of termination they said I was fired because I let someone into the gate. I ended emailing the boss. She called me the week after termination and said I was NOT terminated do to that incident and that I was terminated due to me not doing my job as a rover and only had completed 7 percent of my rounds that day. I completed my rounds and phone sometimes mess up not coding the rounds. They know this as they have had multiple people come out and rest the phones. The actual other employee let them in the gate. There are cameras. The supervisor was angry because that happen. He called front gate and innstructed that I go back to employee entrance. Rovers can sit up at employee entrance. As a rover I am allowed to sit anywhere. I just hung up the phone without saying anything and immediately did what he said. All of write ups is due because of him. I had been with the company for a little while and had no issue with no other supervisor, work ton of overtime and everything. He just had got the position. Anyone could be supervisor. I was supervisor. Every guard worked as supervisor. He just asked for it permanently and they immediately gave it to him. This company only has a 2.2 star. I wish I had read review prior to starting this job. Can I use reviews against this company? Review shows they are known for lying, HR management that fired me at that. The company is just horrible. I just don't won't them to win with the board of the review with the write ups being in place cause I know it just makes it look very bad. They could go back and alter the write up saying anything.

[@LetoyaTucker]

@@kathybushnellesq he also went around the same day bragging that he got me fired. I have text message of the guard he was bragging to. He stated he is their puppet. That is in the text message as well. I was taken off schedule and driven all the way to work with no type of communication from the company itself that to is stated in reviews

[@kathybushnellesq]

@@LetoyaTucker No, you cannot use the reviews for anything related to your unemployment case. That's hearsay, character evidence & has absolutely nothing to do with the reason you're no longer employed. The bigger thing to remember is this: There is NOTHING for you to do for the Board appeal. They do not hold a hearing or accept evidence. They are the Board of *Review*. They listen to the recording & review any evidence that was admitted into the hearing record at the hearing. That's it. They review it, and issue a [usually] one page decision which 98% of the time affirms the Tribunal's decision. Finally, if you tell a potential employer that you're thinking about their offer because you don't want to mess up your unemployment, they'll probably report you to unemployment. Also, keep in mind 2 more things: 1) In Oklahoma, unemployment benefits last, at most, 16 weeks. 2) The goal of unemployment is provide *temporary* assistance until you find new work. If you are employed, who cares if your unemployment is "messed up." You're going to have a paycheck from you new job that is probably more than unemployment would pay you.

[@LetoyaTucker]

@@kathybushnellesq When I contacted unemployment when I got the board of review correspondence because I just didnt understand this appeal. She informed me to write a letter and gather any evidence I have and email it to them and put board of review in subject line so they know where to send it. She said they meet once a month and was stating other things. In the hearing I never got to tell my case, have the witness, do anything. The judge stated there no appeal need to be heard as employer did not show. The phone call was like 1 minute I would say. Prior to her giving them 10 minutes to show. She said I will call you back in 10 minutes as the employer still did not show up on time. Oh, no, ma’am, I didn't tell the employer that I told them I was hesitant because of everything else including the hiring and temporary statement made. I am going to go ahead and take it. I just sent her a text messages so I have this document if I do become laid off after that one month temporarily. I was awarded the max 235.