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DS laid off - where to claim unemployment
Old 02-22-2015, 08:57 PM   #1
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DS laid off - where to claim unemployment

I just got off Skype with DS. He and three other workers were laid off on Friday. It wasn't unexpected as he had said that he expected layoffs, it is just they happened about a week earlier than he anticipated. From what they told them, they hope to hire them back about a month from now.

DS works for a temporary employment agency who provided him to a manufacturer. The temp agency does not currently have any other client assignments, so they are the ones who laid them off.

Now here is the twist. When he first took this job, he was living with us in State A and the job was in State B about 45 minutes away. After he had had the job for a month, he tired of the commute and rented a room near his work in State B. He has been living in that room for almost 4 months. Since the work was temporary and he didn't know how long it would last, for all other purposes he remained a resident of State A (mailing address, driver's license, car registration, voting registration, etc.).

Should he file for unemployment in State A (his state of residence) or State B (the state he was working in and getting paid in)? From a little web research that I did it seems like he should file in State B since UI presumably would have been paid to State B.

I know there is a lot of knowledge on this forum and am looking for advice to pass on to him. Thanks in advance.
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Old 02-22-2015, 10:08 PM   #2
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This is just a pure guess on my part.... but I think it is where the job was located...

You also need to read the rules on if you move...
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Old 02-22-2015, 10:27 PM   #3
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Start with B. They'll tell him if he needs to go to A.

I'm curious if there will be issues because he was in a temp job. Keep us posted.
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Old 02-23-2015, 09:11 AM   #4
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My GF was layed off from an out of state job she commuted across state line daily for work. It was the state of employment where she recieved her unemployment check from.


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Old 02-23-2015, 11:34 AM   #5
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Since he is working for a temp firm, they are the employer of record. What state are they located?
I suggest he contact his temp employer for direction. They should be very accustomed to these issues. As a temp employee, not sure what unemployment benefits he may have earned but it is typically very state specific
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Old 02-23-2015, 01:15 PM   #6
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Start with B. They'll tell him if he needs to go to A.
That. When my last job ended the job was in WV but a lot of people commuted from MD. When they applied for UE they did so in WV.

But the rules may be different for the two states you refer to. So I'd say apply in state B, be sure to explain the whole residency issue, and go from there.
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Old 02-23-2015, 02:11 PM   #7
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I can't imagine A would consider his claim. B is the state that his employer paid insurance premiums to.
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Old 02-23-2015, 02:51 PM   #8
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State B is also where he paid state taxes as a temporary resident. Even if he left permanent residence in State A, he was living in State B and State B will want their taxes.
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Old 02-23-2015, 03:27 PM   #9
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Slightly off topic but it sounds like there is a very good tax write off for work expenses in a temporary location/duration (cost of room, transport, meals etc).
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Old 02-23-2015, 03:37 PM   #10
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Thanks all. You generally confirmed what I was thinking on starting with State B and subsequent to starting this thread I found some guidance in State B's unemployment guide that confirmed it.

On the writeoff, even if he took all his costs, he was only there 2 months in 2014 and he doesn't have enough to itemize or even make enough that the benefit would be very significant... but good idea.
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Old 02-23-2015, 04:01 PM   #11
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Start with B. They'll tell him if he needs to go to A.

I'm curious if there will be issues because he was in a temp job. Keep us posted.
I Google search found this: Can I Collect Unemployment After a Temp Job Ends? - Woman

In general you can collect if you worked for a temp agency but it can be tricky.
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Old 02-24-2015, 07:31 PM   #12
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Your son can deduct the GSA per diem rate for each day he was living away from home. Go to the GSA (General Services Administration) website and you'll see a link to their per diem page. Income tax was paid in the state it was earned in, and he can credit this towards any income tax that may be due in his state of permanent residence. Unemployment will be paid by the state where he paid income taxes and it will be administered by the unemployment office where he is residing at this time. He should file for unemployment in the state he is currently residing in and they will administer the claim for the state where he worked. He will get the unemployment benefit for the state where he worked, not the state where he has his permanent residence.

The GSA per diem rates can be pretty generous so it's usually financially beneficial to claim them rather than deduct actual living expenses. It's common to claim over $1000/week at GSA defined per diem rates. Don't forget to deduct automobile mileage and other transportation expenses to and from work as well as any trips to and from his permanent home. He can't deduct GSA per diem expenses for the days he was back home, such as weekends.
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Old 02-25-2015, 09:05 AM   #13
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Unemployment bennies are paid from a state fund in the state of employment (not residence).
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