News & I need your input

iVillage Member
Registered: 11-24-1997
News & I need your input
7
Fri, 08-23-2013 - 9:40pm

1st I'll deal with the baby names since this will be short.  In the Jewish religion it's tradition to name your child after the death of a family member.  Just the 1st initial - not necessarily the name.  So our daughter is named after a relative on my husband's side and her middle name 'G' is after my father who died in 1957.  Our son is named after my 2nd father (stepfather) who died 2 yrs. before his birth.  As much as I didn't like my stepfather, I am glad he was alive to see our daughter's first 2 yrs. 

As for my name (Kathleen) - I don't know what my idiot parents were thinking.  Both of them are French.  Catherine IS  French.  Kathleen is Irish.  Did they not know the difference?  To make things worse, Mom told me she picked my name out of a department store baby book.  What really irks me is she picked out the names for her brother & sister in law's kids & their names are Dominique & Michelle.  She couldn't pick out some pretty name for her own child?  Also if you follow the Jewish religion (which they didn't), I would have liked to be named after my father's parents who both died before I was born.  So I've rationalized the above by knowing in 1954, both my parents were not citizens yet and were getting accustomed to American culture. 

Now the reason I'm posting - I may have gotten caught by the NYS Dept. of Labor for unemployment insurance.  I have to research and find out the rules for independent contractors or entrepreneurs.  I already had my 1st visit & that was more of an introduction & to tell me about their services.  I just received a notice for a 2nd visit on Sept. 5th.  The issue is I'm now a licensed real estate agent & I have a website.  Meaning I'm sure NY hires employees to search the internet esp. Facebook to see if people are working & claiming unemployment benefits.  Also NY issued my license which can be searched.  It takes time to earn a commission.  So should I start contacting a lawyer?  My benefits are supposed to end at Christmas.  Just wondering if I will be forced to stop claiming benefits soon.  Also will NY state sue me for benefits already paid?  What upsets me is I had unemployment taxes taken out of my paycheck every week and now when I need to collect, I may be unable to?  Hopefully, this won't happen, but New York State is going to have a fight with me.  The government is so quick to collect taxes and when you need services, it's tooth and nail to get something.

Anyway, my other news is I've been working hard to lose the weight I gained after I lost my job.  It was a case of eating junk food to cure depression. It didn't help that there was a McDonald's downstairs from where I took my real estate class & that Dunkin Donuts was an easy stop for me.  Also I had 1 too many chocolate croissants.  So now I'm working on losing 20 - 30 lbs.  The wake up call was I have a wardrobe of nice dresses that don't fit (size 12) and unemployment benefits don't pay much to buy a new wardrobe.  So I bought 2 cheap dresses from Amazon & wear those 2 dresses every day until I lose the weight.  The dresses are sleeveless so I need to lose the weight before it gets cold.  So I've been working on the treadmill every morning and taking walks around the neighborhood every evening.  Another issue (embarrassing) is while walking around the neighborhood, I noticed many homes have long staircases to the front door.  Imagine the old Victorian type homes with steep staircases.  I'm a real estate agent.  How am I going to take clients into the house if I can't even make it up the steps?  Can you just imagine this agent panting out of breath halfway up the steps?  Sure.... Remember, many homebuyers are in their 20's & 30's and have 10x more energy than I do.  So hello treadmill.. 

Kathy

Avatar for nora_mcl
iVillage Member
Registered: 10-30-2011
Sat, 08-24-2013 - 10:13am

Hi Kathy-I appreciate your answer to my post/question. And I'm "sure" your parents were trying to fit in too. Must have been very difficult-given their circumstances.

And onto your problem. I do not know NY rules about unemployment-I'm not even up on Canadian rules much-but I do know that as long as you are not making money, you do qualify. And if you have not made any money as a realtor-you should be able to collect. The fact that you took the course, have your name out there-you should be able to claim some sort of kudos (& reimbursement?LOL)for that.

And for the weight loss-I do totally empathize. I am an emotional eater. During Adam's last months I packed it on-I didn't think I had room to pack on any more-but I certainly did. I'd get up at night & check on him-& since everyone knows you use calories to walk around-I had to replace them with whatever I could find. Alas-a trip to the loo, into his room & maybe to the living room for a few minutes for a quiet cry is not the caloric equivalent of a full sandwich-but a sandwich was quick, easy & quiet. So now I am also trying to lose those 20pds plus the 20pds I had redundant before the last months! Unfortunately I am my own worse enemy-I lose some, I worry some & those that were gone, return again (usually with friends).

Nora 

Avatar for sabrtooth
iVillage Member
Registered: 12-03-1999
Sat, 08-24-2013 - 10:39am

Well, here are the New York rules for collecting unemployment...

"...To be eligible for unemployment insurance, you must be ready, willing and able to work, and actively looking for work. You must be ready to start work at once and be physically and mentally capable of working to receive benefits.

Q: What if I want to start my own business?

A: Tell the Telephone Claim Center before you take any steps to start a business. Unless you are part of the Self Employment Assistance Program (SEAP), these activities may result in the loss of unemployment insurance benefits. See more information on SEAP. The Department of Labor considers you employed if you operate or start a business:

  • By yourself
  • With a partner or
  • In a corporate arrangement

If you spend time during the day or evening or on weekends getting ready to start or actually operating a business, we may consider that as work. It does not matter if you have not made any sales or received any compensation.
|top|

Q: What does the Department of Labor consider work?

A: We consider you employed on any day when you perform any services, whether this work is:

  • An hour or less in self-employment
  • On a free-lance basis or
  • For someone else

It makes no difference whether this work is in covered employment or whether you get paid for that day. For example, work on a straight commission basis is still work. It does not matter that you may not receive the commission until later. It also does not matter even if you have not made any sales nor received any compensation. You must report all of the work you do, whether it is for:

  • Yourself
  • A friend
  • A relative or
  • An employer

You must report any activity that brings in or may bring in income at any time. If you are:

  • Doing free-lance work
  • Self-employed
  • Starting a business
  • Doing "favors" for another business

call the Telephone Claims Center and give all the details before you claim benefits...."

The rules seem fairly straightforward to me.  If you are lying to the State, and you get caught, I'm sure there will be penalities.  Even tho you "paid" for unemployment insurance, thru your taxes, does that give you the right to lie to collect benefits?  You pay for life insurance, health insurance, homeowners insurance... would you lie to collect those benefits, and be upset if you were caught?

iVillage Member
Registered: 04-16-2009
Sat, 08-24-2013 - 11:29am

Loosing weight after a certain age is very difficult. Eat a good breakfast, that will help.

Sorry to tell you this but I think you are in for some hazzles. It doesn't matter if you have not made any commission money yet. Once you received your license AND signed with  a real estate company, you can be seen to be "self-employed".  Look at it this way.  Say you got a job at a local store. You would not have been paid until you have worked  two or three or a month but you are working. Benefits would stop the day you started, not when you got your first pay check or your first commission check.

Here, your benefits would stop because to continue receiving benefits you have to show that you are actively looking for work. Since you have "stopped" looking for work, have become "self-employed" and are now a contractor, the benefits stop.   Wheither you are successful or not being a contractor is beside the point.

Plus, if the same rules apply there as here, you cannot apply for UI as an contractor. I have been a consultant/contractor for over 23 years and I am not eligible for UI.

I would, if I were you, do some research before your next UI meeting. Call legal aid and find out if there is a `grace period` when people start to work.

Good luck.

Avatar for elc11
Community Leader
Registered: 06-16-1998
Sat, 08-24-2013 - 1:35pm

Kathy, sorry to hear about your UI problems. Hope you can get it resolved without too much difficulty or any penalties. I didn't know about the self employed rules either, thought it was just a question of whether you had income. As they say, you learn something new every day. Whether they found you because of your website, who can say, but I suspect that a computer linked your RE license and your UI claim through your SS#.

Good luck with the weight loss. It does get harder as we get older, but can be done...building muscle is a lot of it. I suggest that you add stair climbing into your daily workouts. You use different muscles for going up and down stairs than when walking/treadmill. Also it gets your heart rate up fast. If you can't get to stairs then add lunges to your routine (and squats if your knees can take it).

Keep us posted!

Avatar for elc11
Community Leader
Registered: 06-16-1998
Sat, 08-24-2013 - 2:25pm

Just want to add that I saw your post on a Work board (it was featured on the iV boards main page). If you are spending money on work related expenses then that pretty much adds to UI's assertion that you are working. When you fill out the claim form do they ask if you worked during those 2 weeks? Is it a separate question from if you earned any money? Do they ask if you received any money or just earned it (to be paid later)? It has been many years since I have filled out an UI claim and its probably different by now.

I understand that it stings to pay into the UI fund for all of those years, then be deemed ineligible when you want to claim it. 

Avatar for shirley_v
iVillage Member
Registered: 04-29-2000
Sun, 09-01-2013 - 10:26pm

Coming in late on this since I was away.  Also I see that by posting my answer on the original post, the post is still left on the 'back' page so to speak, not on the present page of the board...so I copied it and am posting it here! 

I can't recall if I have ever asked my mother (or father) why they chose my name.  But I do know that it has nothing to do with any relative having that name.  In fact, although I was born a number of years after the popularity of Shirley Temple (I was born in 1952)...I am suspecting that my mother liked that name made popular by the little actress.  The funny thing is that in Montreal, when I was young it was not a popular name.  I never came across anyone of that name in grade school or high school and even after that.  Then we moved here in 1997 and suddenly I'm hearing my name being called on in store announcements (calling Shirley to the front desk, or calling Shirley to the till).  I'd hear someone say "Shirley" and I'd automatically turn to see if they were calling me...but no, it was someone else's Shirley!  Basically it's a popular name here out in Canada's west or at least in Calgary, or Alberta.  I suspect a lot of those Shirley's were named after the popularity of Shirley Temple as many are my age or maybe older.  

My middle names are Mary Margaret.  Mary is I think an automatic Catholic addition.  But Margaret may have to do with my aunt (my father's sister) of the same name.  I dropped the Mary in my twenties - not sure why...perhaps because I hadn't seen my birth certificate for years and forgot about the Mary part, or maybe I just thought it was too long a middle moniker, so just kept the Margaret on official forms. 

I was born with the cord around my neck (and my mother birthed all 5 of us at  home).  But somehow the presiding doctor knew how to revive me quickly and I am (I think?) none the worse for it. 

Shirley

Avatar for shirley_v
iVillage Member
Registered: 04-29-2000
Sun, 09-01-2013 - 10:26pm

Coming in late on this since I was away.  Also I see that by posting my answer on the original post, the post is still left on the 'back' page so to speak, not on the present page of the board...so I copied it and am posting it here! 

I can't recall if I have ever asked my mother (or father) why they chose my name.  But I do know that it has nothing to do with any relative having that name.  In fact, although I was born a number of years after the popularity of Shirley Temple (I was born in 1952)...I am suspecting that my mother liked that name made popular by the little actress.  The funny thing is that in Montreal, when I was young it was not a popular name.  I never came across anyone of that name in grade school or high school and even after that.  Then we moved here in 1997 and suddenly I'm hearing my name being called on in store announcements (calling Shirley to the front desk, or calling Shirley to the till).  I'd hear someone say "Shirley" and I'd automatically turn to see if they were calling me...but no, it was someone else's Shirley!  Basically it's a popular name here out in Canada's west or at least in Calgary, or Alberta.  I suspect a lot of those Shirley's were named after the popularity of Shirley Temple as many are my age or maybe older.  

My middle names are Mary Margaret.  Mary is I think an automatic Catholic addition.  But Margaret may have to do with my aunt (my father's sister) of the same name.  I dropped the Mary in my twenties - not sure why...perhaps because I hadn't seen my birth certificate for years and forgot about the Mary part, or maybe I just thought it was too long a middle moniker, so just kept the Margaret on official forms. 

I was born with the cord around my neck (and my mother birthed all 5 of us at  home).  But somehow the presiding doctor knew how to revive me quickly and I am (I think?) none the worse for it. 

Shirley