Want to Stay on Unemployment? It's likely not up to you.

In some cases workers are realizing that with the federal stimulus money they can do better financially by staying out of work. Especially if they are taking care of kids that would normally be at school or otherwise engaged outside the home during work hours. As an employment attorney I field a few of these "do I have to go back to work" calls a week. 

This article from SHRM explains: "If you are recalled to work, your unemployment is stopped. It isn't really your choice." 

Lindsey White, an employment lawyer and partner at Shawe Rosenthal in Baltimore, said, "The employees who are saying, 'Thanks for the offer of work, but I would rather stay on unemployment' won't be eligible for unemployment. That is going to be a rude awakening [for many]."

Read more here: What happens when unemployment pays too well?

The article addresses how Workers and Employers can get creative to solve some problems: 

For example, when employers are considering terminating employees for continued performance issues, the employees will volunteer to be laid off (not resign, resigning forfeits unemployment benefits) so they can collect unemployment, said Stephanie Weinstein, an employment lawyer with Marcus & Shapira in Pittsburgh. In those cases, the arrangement benefits both parties.

For an employee who might feel too overwhelmed by pandemic-related caregiving obligations to go back to work, there is another option: The Families First Coronavirus Response Act (FFCRA). The law requires employers with fewer than 500 workers to offer 80 hours of paid sick leave for caregiving at two-thirds the employee's regular rate of pay, capped at a maximum of $200 a day or $2,000 total, if the employee is unable to work or telework. Paid sick leave is also available for individuals experiencing symptoms of COVID-19, in quarantine or caring for an individual under quarantine. 

The same law expanded family and medical leave to cover employees who are unable to work or telework because of the closure of a child's school or child care facility. The first 10 days of the 12 weeks of leave are unpaid (although employees can use the paid sick leave to get paid at two-thirds their regular rate for this time). The last 10 weeks are paid at two-thirds of the employee's regular rate, capped at $200 per day or $10,000 total, White said. Employees can take the leave between April 1 and Dec. 31, 2020.

The extended family leave can also apply to people who work remotely. "Let's say an employee's husband can watch the kids in the late afternoon through evening, but the employee normally works later in the day," Weinstein said. "The employee could work with her employer to change her work hours or also possibly take some intermittent leave." The arrangement should work both for her employer and for the employee.

Added White: "If someone is allowed to work from home, you can take family leave intermittently if the employer agrees. For example, the mom can take four hours a day and the dad can take four hours a day, but they can't both be off from 8 a.m. to noon." Instead, they could take leave in shifts to watch the children and help them with schoolwork.

Employees who are not getting their full salary through the FFCRA may be eligible for partial unemployment benefits, White said. Even where an individual receives partial unemployment benefits, he or she will receive the extra $600 payment from the CARES Act.

Washington's Unemployment department paying out record high benefits in response to Covid-19 shutdown but still struggling to keep up.

Washington State's Unemployment department put out a press release this morning showing its progress it getting State and Federal benfits into the hands of Washington (ex) Workers. Of 1.4+ million claims 545,178 individual have received benefits totaling 1.4 billion in benefits. 

The Release:

Unemployment claim type	For week of  April 26-May 2	For week of April 19-25
Regular Unemployment Insurance (UI) initial claims	100,762	137,605
Pandemic Unemployment Assistance (PUA) initial claims	59,234	190,948
Pandemic Emergency Unemployment Compensation (PEUC) initial claims	40,267	168,165
Continued/ongoing weekly claims	885,768	959,190
Total claims	1,086,031	1,455,908

Since the week ending March 7 when COVID-19 job losses began:

• A total of 1,428,775 initial claims have been filed during the pandemic (959,196 regular unemployment insurance, 254,197 PUA and 215,382 PEUC)
• A total of 810,538 distinct individuals have filed for unemployment benefits
• ESD has paid out nearly $2.14 billion in benefits to Washingtonians
• 545,178 individuals who have filed an initial claim have been paid

“Since the COVID-19 crisis began in early March, Employment Security has sent $2.14 billion into the pockets of more than half a million Washingtonians,” said Employment Security Commissioner, Suzi LeVine. “This makes an enormous difference to those individuals and their families, and we are humbled to be able to provide these services in such a critical time. That said, there are approximately 57,000 who are waiting because there are issues with their claims we are working to resolve. Getting those Washingtonians their benefits is our agency’s top priority. We are doubling down on activities already underway to reach our goal of getting all of those claims in adjudication resolved or paid by June 15. We will be posting more information and details on our progress on our website in the coming days.”

See more stats here.

I'm worried about the unpaid claims and the large number of denied claims. I don't know what to say about that except hang in there keep applying, follow the instructions in any communication you get from the department. Reach out to the unemployment law project; here; if you have been denied, and keep job searching:  Wa State jobs.

Governor Inslee rolls out a four part plan to reopen the State.

At risk citizens should continue to stay home and take precautions when on necessary trips out of the home until phase 4. Then during phase four they should continue to practice social distancing adn other precautions but are allowed out tot he same degree as everyone else. At risk is defined as those persons 65 or older or with underlying health issues that may put them at greater risk of infection or reduced chance for survival if infected with the Covid-9 virus.

The four phases outline the recommend easing of restrictions over a number of weeks. Including increasing essential travel, allowing small gatherings and moving toward larger gatherings (of less than 50) as the summer nears. But this is still a massive restriction on entertainment as we knew it pre-covid. What about weddings? Concerts? Festivals? Fundraising events? It is not clear when things like that will get back to normal. See the Governor's chart here.

Unemployment Law Project may have the answers you need regarding Washington State's unemployment benefits coverage in the age of Covid-19

Here are there top questions of the week:

My job is considered essential, but I have some health issues that put me at risk. Do I have to keep working?

No. Even if your work is considered essential, you should not put yourself at risk. It’s preferable to stay attached to your employer if possible. Let your employer know that you cannot return until it is safe. Under new rules, you can qualify for unemployment benefits if you are at high risk and are staying home based on medical advice about the dangers related to that risk. File for unemployment and notify your employer when you can return.*

Gainey Law Note: However, the risk must be to you personally the analysis may be different if the at risk person is a family member. 

My employer has reduced my hours. Do I have to quit to get unemployment?

You can apply for benefits and keep working if you were hired to work full time and have your hours temporarily reduced by less than 60 percent. Report the income earned each week you claim and your benefit amount will be adjusted.*

Gainey Law Note: Please do not quit your job without consulting an attorney as you may forfeit, or make it more difficult to obtain, your ESD benefits. 

 

I started on unemployment several weeks before the COVID-19 crisis. My benefits are about to run out. What should I do?

Under new rules, between March 29 and December 26, 2020, you can receive up to 13 weeks of benefits in addition to the regular 26 weeks.*

* These answers are not intended to be legal advice. For free telephonic legal advice, please contact us at (206) 441-9178 or toll free at 1(888) 441-9178.

May is Older American's Month (A message from the EEOC Chairwoman Janet Dhillon)

Statement by EEOC Chair Janet Dhillon on Older Americans Month May 2020

Message from Chair Janet DhillonThe EEOC enforces the ADEA with enthusiasm, as we do with all other statutes.  After all, one basic principle and spirit informs all the laws we enforce.  It should be a no-brainer that no one should be denied a job -- or treated unfairly at one – because of their age.  But I’m afraid we have to keep educating and enforcing in every way we can – including litigation as a last resort.
Read more here.

Having a hard time getting your unemployment benefits? Can't get anyone on the phone? Try after 5pm.

A word from the Unemployment Department of Washington State

ALERT: Our system update is complete and eServices is online. However, both the site and our phone lines are experiencing extremely high volumes. Pages are loading slowly and call wait times are long.

Please keep trying or come back and try later.

If you are calling to submit your weekly claim, please try back after 5 p.m.

Thank you for your patience. We apologize for the inconvenience.

For more information visit www.ESD.gov  

Is the Worst of the Corona Virus Crisis behind us in Washington State or Yet to Come?

While many of us are itching to get back to some semblance of "normal life," the indicators are not there to suggest that will be possible or safe immediately.

The curve may be flattening, but without adequate testing for antibodies what does that mean for re-opening businesses? Its hard to say. Here are the statistics we do know to date. Read more about Washington's confirmed cases here.

Seattle-King County Public Health’s Jeff Duchin spoke out this week about how prepared Washington is to reopen, noting that even with the outbreak waning, it’s not yet time to relax social distancing measures. Read more.

Dr. Gordan Cohen joined Seattle's morning news to explain: Reopening the Economy before a vaccine will call for strict sanitation protocols.
So, hang in there Washington and we will get through this together. To that end, I found this list of the 80, yes 80, things to do while stuck at home. Read More about things to do while stuck at home bored here.