Is it legal to base my “extended” benefits on the “lag” priod?

UPDATED: May 29, 2009

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Is it legal to base my “extended” benefits on the “lag” priod?

I just filed for the extension of my unemployment, and was notified yesterday that my benefits have been cut in half based on what I earned in the “lag period”. (I am a contractor, who works for a few weeks or months at a time, and claims for unemployed weeks.) This seems insane, as it bases my benefits on a tiny window of time rather than my overall work history and contributions to the system. My Grandson got an extension and had not worked at all since he first filed, and his benefits remained the same. Am I being penalized for working a short assignment rather than turning it down? What ar

Asked on May 29, 2009 under Employment Labor Law, Massachusetts


J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

yes basically these types of benefits are based on immediate circumstances financially not the overall picture. Although all factors come into play the immediate situation tends to carry the most weight

As I do not know the specifics you are probably best off contacting a local attorney who deals with unemployment and ask them if there is anything you can do to avoid this type of decrease in the future. Although I do not believe you can retroactively change the numbers you do have the ability to not get yourself into the same position again and as such you should speak to a local attorney and find out exactly what you can earn to remain entitled to full benefits

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