Singers Saved by Uncle Sam : Unemployment Insurance Explained


What do you do when the season’s over, your YAP ends or the temp market dries up, and you find yourself facing weeks or months before the next gig? Follow your Broadway colleagues to your local unemployment insurance office. Many singers don’t realize that they may be eligible for unemployment insurance. They may not know what it is or how it works. They may be afraid that it’s something to be ashamed of or that the unemployment office staff will deny benefits because they don’t understand the performer’s lifestyle.

Well, my friends, knowledge is power. Unemployment insurance consists of money that your former employers (and in some states, you yourself) have been paying into a fund on your behalf. You are entitled to this money if you meet your state’s requirements, and it’s no badge of shame. As for the staff’s attitude, I can only report on my own experience. My first two unemployment counselors didn’t blink an eye when I explained what I do for a living. And this was in Texas. Unfortunately, my last experience wasn’t as positive. But two out of three are still good odds and I did get the benefits.
If you become unemployed through no fault of your own and meet your state’s individual requirements, you can receive temporary benefits through the Federal-State Unemployment Insurance Program. Each state administers its own program within guidelines established by Federal law, so it’s important to check with your state’s agency to determine the specific regulations and requirements.

Eligibility
To receive unemployment benefits, you must meet your state’s requirements for wages earned or time worked during a base period of one year. In most states, this is usually the first four out of the last five completed calendar quarters prior to the time your claim is filed. (A calendar quarter is a three-month period). You also must show that you are unemployed through no fault of your own (as determined by state law). For example, you could be eligible for unemployment benefits if you were fired,were ill or injured and couldn’t work,quit for a good reason such as unsafe work environment or lack of payment, or the show you were in closed. You would not be eligible if you voluntarily quit a job without good reason (as determined by state law) or were fired for disciplinary reasons. Depending on your state, you may have to meet other requirements. Many states simply require that you be unemployed through no fault of your own and that you must be able to work, available for work, and be willing to seek and accept suitable work. Suitable work means that if you are a former Fortune 500 company executive, you will not be penalized for turning down a job digging ditches. If you’re an opera singer, you won’t be penalized for passing up a job delivering pizza. You get to say what “suitable work” is, but be careful. Once you’ve stated on your application that you’re available for certain types of work, you may be required to take that kind of a job if it’s offered.

Filing a Claim
If you think you may be eligible for unemployment benefits, contact your state’s unemployment insurance agency as soon as possible after becoming unemployed. Delay can result in lost benefits and a less sympathetic counselor, who will want to know why you didn’t apply immediately In some states, you can now file a claim by telephone or through a website.

When you call or go to the office, have complete identification documents, such as your driver’s license and social security card. Be prepared to answer questions about your employment history, such as the dates and addresses of former employers. To ensure that your claim is processed without delay, be careful to give complete and correct information.

If you file in person, you will probably spend a couple of hours in the unemployment office. Expect to fill out a lot of paperwork, take a brief orientation class, and have an interview with a counselor. Unless your case is complicated, you will probably know before leaving whether you are eligible for benefits. You will leave with all the paperwork you need to get started. Subsequent claims forms will be mailed to you or you may be asked to file your claim by phone. Generally, you will need to file weekly or bi-weekly to receive your benefits. It is very important to make sure you understand your filing requirements and follow them to the letter. Mistakes or lapses in filing can result in delayed, denied or reduced benefits. It can also throw up a red flag to your counselor, with a resulting change in attitude toward your case.

Your first benefit check will arrive about two to three weeks after you file your claim. Some states have a one-week waiting period, so the second week claimed is the first week of payment.

Disqualification from Eligibility
If you left your previous job for any reason other than being fired for non-disciplinary reasons, your state unemployment office will determine whether you are eligible for benefits, generally according to state or federal laws.

If you are disqualified or denied benefits, you may file an appeal. Again, you must check with your state unemployment office for your appeal rights and procedures, and the appeal must be filed within an established time frame. Employers also have the right to appeal a determination if they disagree about your eligibility.

Staying Eligible
Once you have been approved, you will need to continue to meet your eligibility requirements. You could be disqualified if your employment status changes, you are offered but refuse suitable employment or you fail to meet additional requirements imposed by your state.

You will be required to file weekly or bi-weekly claims and offer proof of your continued eligibility. You must report any earnings from work you had during the week, and any job offers or refusal of work during the week. Most states require that you actively seek work while receiving unemployment benefits and report on your efforts, such asjob interviews or requests for interviews. Auditions for singing work count as a search for employment, as do phone calls and mailings seeking auditions, but you will be expected to make a certain number of in-person contacts each week

Each state has its own filing instructions, but claims are usually filed by mail or telephone. You may also be asked to report in person to your local Unemployment Insurance Claims Office or One-Stop/Employment Service Office. If you miss your scheduled interview, benefits may be denied. You will not necessarily lose your benefits if you become employed. Requirements differ from state to state, but generally, if you are earning significantly less than your previous job, you will remain eligible for benefits and can continue looking for a better-paying gig.

State Services
Each state has a State Employment Service, and you may be asked to register with it as part of your benefit eligibility requirements. Many services are offered free of charge. The staff can refer you to job openings in your area or in other parts of the state or country if relocation is an option. They also can refer you to training programs, offer testing and counseling to determine other types of suitable work, and refer you to agencies that help special-needs employees.

Benefits
Unemployment benefits are usually based on a percentage of your earnings over your most recent 52-week period of employment. There is usually a state-determined maximum amount of benefits you can receive.

There is also a maximum time period for receiving benefits and in most states it is 26 weeks. Additional benefits may be available during periods of high unemployment and some states provide more benefits for specific purposes, such as losing your job due to a disaster.

Benefits are taxable and must be reported as income on your federal tax return. Your state’s unemployment agency can withhold those federal taxes for you.

Self-Employment Assistance
Self-Employment Assistance is a program designed to help unemployed workers create their own jobs by starting their own small businesses. Instead of regular unemployment insurance benefits, those workers receive a self-employed allowance while they are establishing their own businesses. Unfortunately, fewer than 10 states currently offer these voluntary programs. When you file a regular unemployment insurance claim, ask whether your state participates in the Self-Employment Assistance Program.

To receive self-employment benefits, you usually must be eligible for regular unemployment insurance. You also may be eligible if you have been permanently laid off your previous job and are determined by your state to be likely to exhaust regular unemployment benefits. You may even be eligible even if you are engaged full time in such self-employment activities as entrepreneurial training, business counseling and technical assistance. For more information on unemployment insurance, visit the Employment and Training Administration’s (ETA) website at http://workforcesecurity.doleta.gov/unemploy/aboutui.asp.

To find out your state’s requirements, call your local unemployment office or locate your state’s unemployment-service website at http://wdr.doleta.gov/contacts/.
© 2001 Cindy Sadler. All rights reserved.

Cindy Sadler

Cindy Sadler is a professional singer, teacher, writer, director, and consultant. She is the founder and director of Spotlight on Opera, a community opera troupe and training program in Austin, Texas. Upcoming engagements include Marcellina in Le nozze di Figaro with the Jacksonville Symphony, alto soloist in Messiah with the Boise Philharmonic, and Ruth in The Pirates of Penzance with Portland Opera. For more information, please visit www.CindySadler.com and www.SpotlightOnOpera.com.