Need Advise on Unemployment and Benefits

Updated on February 05, 2008
C.S. asks from Waterbury, CT
5 answers

I am trying to help my SIL apply for unemployment and state assistance. Please dont judge. I just need a little wisdom in this area.

My SIL was working through a temp agency for the past 2 years. She was on the same assignment for the duration. She was let go because they claimed they longer needed as much staff. She was 7 months pregnant at the time. They said that they didnt have enough work at the warehouse for everyone. However, she was the only person let go. Its all a little suspicious.

In the process of applying for medical insurance through Husky she ended up having the baby early. (She was 34 weeks prego) Because she was unemployed her plan was to collect through the state until the baby was older and she could find another job.

She is sorta a single mom. Her BF lives in another part of the state and only comes to see her on the weekends. Currently he is not paying any support. She and the baby live with her parents.

I have heard that collecting unemployment from a temp agency is nearly impossible. And I have also heard that if your employer wins the case you have to repay any unemployment benefits you received...Is that true??

We went down to apply for state assistance and the case worker said in order to apply for benefits she would need to first apply for unemployment. I know nothing about unemployment, I have never had to go through the process.

When you fill out the unemployment questionnaire it asks you if you are available for full time work...She just had a baby 2 weeks ago. Doesnt she get 6 weeks of maternity time where she isnt expected to work?

If she starts the unemployment process tomorrow how long does it take to get benefits?

I'm also curious, IF she was still working through the temp agency and she had the baby and went on maternity leave would she have gotten any income at all?? The agency never offered her any benefits while she was working there.

The whole process confuses me. Has anybody been through a similar situation?? I could use some advice to help her.


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answers from Syracuse on

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answers from New York on

If the baby is only 2 weeks old, I believe she can get disability until the baby is 6 weeks old, so she should definitely look into that.



answers from Albany on

I collected unemployment insurance while pregnant. The unemployment office reminded me that you have to be ready and willing to work to collect.They consider the first 6 weeks after the baby is born that you are disabled. She needs to apply for diasability. It may be a little less but she will not have to pay taxes on it at the end of the year. Like she will with the unemployment. After that she can go for the unemployment. Good luck.



answers from Albany on

Hello Crystal,
You don't have to worry about the unemployment funds. The State Unemployment office will do that for you. Just go down to the State Unemployment office near you and apply. Unemployment comes from your last two employers. They are already contributing to the fund every time that you got a paycheck. So, that money is in the unemployment bank of funds.

If you don't know where it is, you may contact me and I'll find the nearest office to you.

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answers from Albany on

Employers do not pay for unemployment directly to employee's. They pay unemployment taxes & also a portion comes from the taxes we as employees pay. What 'case' are you referring to? Is she taking the temp agency to court for discrimination? If not I am afraid there is no "case." She was let go. That is the nature of the beast in Temp agencies.

She should be eligible for unemployment since she was let go from the job, (if you quit, you are not eligible). It is a lengthy, paper-filled process, but she should definitely apply. The exact amount of time varies due to many variables but the sooner she applies the sooner she can receive help.

Women only "get" time off when they have invested themslves in a place of employment that offers it. If an individual does not work hard for benefits, they are not entitled to them. There is a Federal law called Family Medical Leave Act (FMLA)which apply's to employee's only. Employee's can get FMLA in addition to an employer's benefit if applicable.

So yes, she is available for full time work. She needs to find daycare and a job.

Every company has their own rules regarding benefits. If she was not receiving benefits than she most likely would not have been eligible for any paid leave. In order to qualify for FMLA you need to have worked for a certain amount time in a company that meets certain requirements.

Good luck to her.


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