Applying for Unemployment Benefits

[EagleandBear]

We have been full timing for 7 years. Two years ago we had some unexpected expenses and decided to work camp. We work camped for Xanterra in Yellowstone for two seasons. When we left Yellowstone last September we thought we had a job in Oregon but the start up date got pushed back to sometime in April or May of this year. A friend recommended that we apply for unemployment benefits.
Since I am getting SSI my wife applied for unemployment benefits and was accepted on December 9th. Two weeks later my she was audited for the week before December 9th and what would have been her first week. She has been actively looking for a job and fulfilled all of the requirements of the unemployment program but there were no jobs in late December and all the businesses were laying people off after Christmas. January has been dry especially because there has not been enough snow for the ski lifts to operate (it is a big deal in this area).
We received notice that they would no longer pay her unemployment benefits. We were told that they could not find certain documents in her file. We sent duplicate copies to them via USPS and Fax along with the requisite protest. Two weeks ago the unemployment office called to say that everything was OK but yesterday we got a notice that we have to teleconference with their “tribunal” next week.
I am 65 and neither of us has ever applied for unemployment benefits. My questions are: How common is it for work campers apply for unemployment? Do the unemployment offices provide a service or do they purposely run rough shod over the applicants? If I want to challenge the unemployment office in Wyoming who do I contact? Is there an office at the Federal level that has oversight responsibilities for Wyoming’s unemployment insurance program?
Thank you for any help in this matter.

[W4RLR]

My wife and I owned a mobile dog grooming business in Crestview, Florida. The state of Florida insisted that we pay unemployment insurance taxes. We had no employees and as owners, were not eligible for unemployment insurance. So the state of Florida basically got free money because we were a business.

[brookside]

My husband, not workcamping, but with a normal job was laid off a couple of times in KS. During that time, there was an audit. The audits are random and not everyone gets one and there is no timetable. I fully support this. Yes, it may cost us something to do this but the savings in fraud can be huge.

Anyone that doesn't like a particular states rules can always just avoid that state when full-timing. Being critical of a particular state and showing attitude is no way to win friends or employment.

[irishtom29]

wags999 wrote:

You as a employee pay nothing into the Unemployment compensation fund, it is funded 100% by the employer.

Since the money paid in by the employer is in lieu of wages, in effect the employee does fund the system.

[EagleandBear]

Well...the state of Wyoming blew over $2000 on an administrative law judge and staff time. The judge ruled in my wife's favor. She had all of the documents, dates they were sent, a log of the phone calls that were made, etc. What happened? The staff had lost the documents that she had both fax'd and mailed in.

I am still not convinced that this incident was due to incompetence. Looks more like some folks find odd ways to entertain themselves during the long winter months.

[wbwood]

Why not just find regular work for the meantime until the other workamping job starts? If you can workamp, you can do other jobs somewhere else. If you lost a job unexpectedly, then that's one thing...but to go draw it because you are waiting on something else later doesn't sound right. There are fry baskets to be shaken and burgers to be flipped somewhere...or people to be greeted...work is out there to supplement your income...

[rkentzel]

Mr westerrvparkowner you ought to throttle back a little bit. If she is entitled to it she will receive it. You are starting to come off as a little cold hearted. I assume you are a rv park owner you may hurt your patronage or future patronage a bit.

[EagleandBear]

When she signed up to work in WY we were unaware that UI was available. She was promised a job that was to start in November but the start date got pushed back to April or May. It was not until a friend told us that UI was available did she apply. There is no attempt to defraud anyone here - it was just a straight up application for UI. In the past good Christians saw that some families get stranded and need assistance. Neither of us have ever applied for UI until this year. If you do not like the law change it but do not disparage those of us who are applying for much needed assistance and doing so in full compliance with the law.

[Dtslinger]

Personally, and being a previous employer who had to pay increased rates and attend hearings, I do not understand unemployment benefits for seasonal employees who just finish out an agreed upon term. Just sayin....

[westernrvparkow]

EagleandBear wrote:
I did not apply for UI but my wife did. People she had worked with last season encouraged her to file for UI in Wyoming. She has been activly looking for a job and fulfilled all of the State's requirements. The same people who encouraged her to file for UI said that they were never subjected to an audit or subjected to an ALJ hearing.

Yesterday my wife went through a telephone hearing with a judge. The only thing that the State adjudicator claimed was that she did not have the paperwork that we faxed in and mailed to her six weeks ago. My wife kept all of the documentation and was well prepared. She provided the judge with the proof that she had filed the paperwork on time, copies of the documents that were sent into the State, dates and times of the phone calls she made to the State staff, etc. It will take the judge 2-3 weeks to issue his decision.

Today we received another audit form from the same adjudicator (got the first audit form in December, 3 weeks after she applied for UI). None of the people we have talked to have had to complete an audit form let alone go through a hearing with an ALJ.

Again, something is wrong here. The State gains nothing when it makes unfounded allegations against UI applicants but in this case the State will pay over $2000 for the services of an ALJ to hear, review and investigate the adjudicator's claims that she did not receive the paperwork on time (despite the fact that we have the fax record and USPS tracking record w/signature). Anyone got a clue as to why the State would waste more money on an ALJ hearing than her UI benefits are worth? The tourist industry is a big deal in Wyoming and the State depends on people moving to WY to help out during the tourist season. Why would they want to discourage people from working in WY during the summer season?

Sorry, but the argument it will cost them more to investigate the claim than pay it is exactly the reason there is so much fraud in our legal system. Your argument is no different than if you were filing a nuisance lawsuit and figuring you will get some money, not because the suit was valid, but because it would cost who you are suing more to fight you off than pay you off.
Also, tourists do not come into Wyoming and other states based on their ability to collect unemployment benefits. If a worker wanted a job with me and implied that part of their motivation was the ability to collect unemployment after the job ended, they would NEVER be hired. Quite honestly, you took on a temporary job, so I don't feel you have any rights to collect unemployment compensation because that job ended. The law MAY be different and if you win and get some benefits, fine. But I will be the first in line to lobby my legislature to close that loophole if anyone ever collects on me for a seasonal job because that claim would effect my unemployment insurance rates which does make it my business.

[EagleandBear]

I did not apply for UI but my wife did. People she had worked with last season encouraged her to file for UI in Wyoming. She has been activly looking for a job and fulfilled all of the State's requirements. The same people who encouraged her to file for UI said that they were never subjected to an audit or subjected to an ALJ hearing.

Yesterday my wife went through a telephone hearing with a judge. The only thing that the State adjudicator claimed was that she did not have the paperwork that we faxed in and mailed to her six weeks ago. My wife kept all of the documentation and was well prepared. She provided the judge with the proof that she had filed the paperwork on time, copies of the documents that were sent into the State, dates and times of the phone calls she made to the State staff, etc. It will take the judge 2-3 weeks to issue his decision.

Today we received another audit form from the same adjudicator (got the first audit form in December, 3 weeks after she applied for UI). None of the people we have talked to have had to complete an audit form let alone go through a hearing with an ALJ.

Again, something is wrong here. The State gains nothing when it makes unfounded allegations against UI applicants but in this case the State will pay over $2000 for the services of an ALJ to hear, review and investigate the adjudicator's claims that she did not receive the paperwork on time (despite the fact that we have the fax record and USPS tracking record w/signature). Anyone got a clue as to why the State would waste more money on an ALJ hearing than her UI benefits are worth? The tourist industry is a big deal in Wyoming and the State depends on people moving to WY to help out during the tourist season. Why would they want to discourage people from working in WY during the summer season?

[nancyjerry]

We worked Yellowstone in 2011 for Delaware North Corp from April-Nov 3. We were shocked when someone said we could file for UI.
Never had collected in all my life. We got same letter that we had to call and discuss our case in the beginning.
Not a problem. We signed up and looked for jobs every week and filed.
Enjoy it.
Nancy

[wags999]

Unemployment compensation typically does not include seasonal workers. That being said. as and employer they would be notified of your claim. They have a period of time to challenge the claim. If, the states finds you may be qualified to receive UC then a hearing will be scheduled. You and your employer can both present your case. On another note. UC is paid 100% by the employer.. an employers Unemployment rate is determined by claims and amount paid out. In Illinois where my company was located we had to pay (higher rates) until 135% of the amount they paid out was covered. The state and fed may contribute money, but that money will be paid back using the rates an employer is charged. Some extra UC was paid by the feds when umemployment was over a certain % by state. Some states did have to borrow from the feds, but that money was or is going to be repaid.
You as a employee pay nothing into the Unemployment compensation fund, it is funded 100% by the employer. Even with no claims an employer will pay in a low percentage of all wages paid. Higher claims mean higher rates in the future.

Again, typically (not sure about every state) will not pay UC for seasonal or contract workers. Most of the agreements I have had while work kamping contained language addressing unemployment compensation and if you qualified.

[EagleandBear]

Sorry...I did not mean to hurt anyone's feelings. I am just looking for information that could explain the contradictory communications we have gotten from the UI in Wyoming.

[EagleandBear]

She had worked enough to meet their requirements and her application was accepted on December 9th. She has met all of their requirements and has been actively looking for a job. Xanterra approved her UI. She began receiving a little over $100 a week. It was in January that the case worker said that she could not find the papers we sent in for late December. She sent two sets of the documents in. The case worker called to say that everything was OK. A week later she got a notice that she had to have her case reviewed by a tribunal via teleconference.
Something is amiss. I just do not know if it is ineptitude on their part, if they are bored during the winter months or if they have some kind of malignant endgame in mind. I do not ask that question without cause. I spent a significant part of my career investigating and testifying against California state and local employees who were involved in criminal activities and corruption. But that was in CA - I do not know how things are done in Wyoming.
Instead of protecting the interests of the taxpayer the folks at UI will have spent between $300-$500 in a process that could have been settled with a single phone call.