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El programa de Asistencia de Desempleo por Desastre (DUA en Ingles) brinda asistencia a personas que han perdido su empleo o su empleo se interrumpió como resultado por un desastre mayor declarado por el Presidente de los Estados Unidos. 25 parroquias de Luisiana califican para la asistencia de DUA como resultado del huracán Ida que ocurrió el 26 de agosto de 2021 y la destrucción que continua.
DUA está disponible para trabajadores desempleados o personas que trabajan por cuenta propia que se quedaron sin empleo como resultado directo del desastre. Típicamente, las personas que trabajan por cuenta propia no califican para recibir beneficios del seguro de desempleo estatal pero si pueden calificar para la asistencia de DUA.
Si ya está recibiendo beneficios del seguro de desempleo estatal debido a COVID-19, no es necesario que solicite DUA y debe continuar presentando sus certificaciones semanales.
Si ya estaba desempleado y no perdió su trabajo como resultado del desastre, no solicite DUA. DUA también está disponible para aquellas personas que se convirtieron en el sostén de la familia, o proveedor principal de apoyo, debido a la muerte del sostén de la familia por resultado directo del desastre.
Octubre 2 del 2021 es el último día para hacer un reclamo para la asistencia de DUA por razones del Huracán Ida en las parroquias de Ascensión, Asunción, East Baton Rouge, East Feliciana, Iberia, Iberville, Jefferson, Lafourche, Livingston, Orleans, Plaquemines, Pointe Coupee, St. Bernard, St. Charles, St. Helena, St. James, St. John the Baptist, St. Martin, St. Mary, St. Tammany, Tangipahoa, Terrebonne, Washington, West Baton Rouge, y West Feliciana.
En este momento, las reclamaciones SOLO se pueden completar electrónicamente por la página de www.laworks.net. Se requiere prueba de que usted fue empleado durante el desastre. Esta prueba se requiere dentro 21 días de la fecha que usted aplique para la asistencia de DUA. Se proporcionarán instrucciones para presentar esta documentación requerida. También se solicita su declaración de impuestos (Formulario Federal 1040 y anexos) u otra prueba de empleo (por ejemplo, el Formulario 1099) y los salarios que ganó en el año calendario 2020.
Las personas elegibles para la asistencia DUA recibirán beneficios semanales de acuerdo con las regulaciones federales y estatales. La duración del beneficio DUA se determina semanalmente hasta 27 semanas. Actualmente, el aumento máximo para esta asistencia son $ 247 cada semana para el estado de Luisiana. Su aumento es basado en los ingresos o netos del individuo si trabaja por cuenta propia para el año fiscal más reciente. El aumento mínimo para esta asistencia de DUA son $ 93 cada semana.
Los beneficios de DUA se pagarán tan pronto como sea administrativamente posible. En general, los beneficios se mantienen hasta el momento en que se proporciona suficiente evidencia de empleo, y se determina que el desempleo fue un resultado directo del desastre. Cada reclamación debe ser revisada caso por caso. Continúe presentando sus reclamos semanales mientras que esté desempleado por razones del Huracán Ida.
Nuestro objetivo es garantizar que se haga una determinación lo más rápido posible. Por lo general, en Luisiana, las solicitudes de desempleo vienen con lo que se llama una "semana de espera". Esto significa que no se pagan beneficios durante la primera semana que solicita el desempleo. Cuando las personas hacen un reclamo por un desastre y son aprobadas para DUA, no habrá una "semana de espera". Queremos que las personas obtengan sus beneficios lo antes posible.
Los beneficios regulares del Seguro de Desempleo (UI en Ingles) reemplazan los beneficios que se requieren con la asistencia de DUA – Cualquier persona elegible para los beneficios regulares del seguro de desempleo, incluso en el momento de un desastre, no será elegible para DUA.
Los reclamos fraudulentos serán procesados, incluyendo tiempo en la cárcel: Usted debe informar la agencia sobre todas sus ganancias cuando usted empieza a trabajar otra vez, no en el tiempo que usted recibe sus ganancias. Razones de separación por denuncias falsas o falsa información de su último empleador también puede considerarse fraudulenta.
Debe informar todas sus ganancias semanalmente: si su empleador le paga durante su ausencia del trabajo o si usted regresa al trabajo, debe informar estas ganancias en su reclamo semanal de pago. El pago de vacaciones también debe informarse en su reclamo semanal de pago para la asistencia de DUA.
Louisiana ended COVID-related unemployment benefits on July 31, 2021. It ended:
This is aid was called Pandemic Unemployment Assistance (PUA).
You will not get paid for any weeks after July. Your claim has ended. This is true even if you have a benefit balance, or if HIRE shows that your claim would not end until September 4, 2021.
If you filed for any weeks after July 31, You will not be paid for these weeks. You won’t get paid even if the agency says your Hire Account says that your claim is “In Progress.“
You can only get paid if you file a new “claim” for unemployment and you worked enough since the beginning of your last claim.
If you have been getting more than $247 a week in unemployment, you will now get $300 less per week, if you still get unemployment benefits. This is for any weeks after July 31.
Your benefits for August and after will be decided by state law, with no extra $300 a week. There is no longer coverage for
If you lost a job before July 31, you can still file a claim to get these benefits for weeks before August. You can file for this until September 4, 2021.
You can appeal if you were denied these extra benefits for time before August 2021 IF your appeal deadline has not run out. LWC can pay the extra benefits for weeks that were before August.
If you got more than one denial notice, it is important to appeal each notice separately.
If you have already appealed and you are waiting for a hearing, you will get a hearing. If you win, you will get those benefits for weeks before August, 2021.
If you have received a denial, Southeast Louisiana Legal Services may be able to give free help with your appeal. To see the ways you can ask for our help, see https://slls.org/get-help/client-services.
Almost 1 in 3 adults in the U.S. have some kind of criminal record.
Because the record can affect your ability to get a job, most states allow it to be sealed after a period of time. This removes it from public records, though police and certain government searches can still find it. In Louisiana this is called “expungement.”
About a dozen states so far have laws that automatically seal completed records. Not Louisiana.
In Louisiana many records cannot be expunged. Expunging usually costs $550 or more. It can be complicated and can take many months.
There is a Louisiana law that courts should not charge the costs for this or should not charge them in advance. La. C.Cr.P. Art. 983. But not many attorneys have been using it and the courts may not know about it.
If you live in Jefferson Parish and have a Jefferson Parish record needing expungement, SLLS may be able to help with the court costs if it has grant funds available and you are eligible for our free legal services; call (504) 529-1000, ext. 287 to find out.
If you can pay the court costs yourself, the Justice & Accountability Center of Louisiana, at www.jaclouisiana.org, may be able to help you fill out the court’s expungement forms, and explain the court process to you. JACLA has free clinics where you can get help to go through the process on your own.
If you think you need legal representation in court, you are welcome to apply for our free legal services at www.slls.org, to see if you are eligible.
For more information about what other states have done for Americans with criminal records, to help them get jobs and ease the process, see https://ccresourcecenter.org
Like most states, Louisiana lets employers ask employees to sign Non-Compete Agreements.
What are they?
They are contracts that after you leave or lose the job, keep you from doing similar work in a region, for up to two years. Employers often give these agreements to a new hire with a lot of other paperwork, so you might not notice what you are signing if you aren’t careful.
These agreements began as something to protect company secrets and investments, but have been allowed to spread into practically every type of job, even fast food outlets and home health sitting companies.
Why not sign?
Employers who won’t hire you unless you sign a non-compete agreement will usually sue you for money and to make you stop working at your new job or self-employment if you violate the agreement. So, it’s best to not even sign one in the first place. How do you avoid signing one? Just say “NO.” It’s not illegal for an employer to ask you to sign, but you do not have to sign it. You can say, I’ll work for you but not sign that non-compete agreement, if you will still take me. You can also say no to the job.
If you need work and jobs are hard to find, it will be hard to say “no” to an employer demanding you sign a non-compete agreement to work for them. But, once you sign one, you’ve limited your choice of future jobs or self-employment for up to two years from when you stop working with that employer. If you are fine with that, and really want the job, there may be no reason for you not to sign a non-compete agreement. When more and more employers use these agreements to restrict more and more people’s right to work, it gets harder and harder for everyone who works for a wage or who wants to start their own business.
What if you signed one?
Protect yourself from being sued. If the agreement is legal, the employer can sue you for any money loss you cause their business and a court can order you to stop working at the new job.
If you aren’t sure it is legal, consult a lawyer if you can. If it is legal, wait for the time limit to pass before starting any type of work that might be covered by the non-compete agreement. If you are sued, see a lawyer right away.
Updated January 12, 2021
Funds for this program are limited and may have already run out. However, as the program gets more funding, those who applied earlier may have priority as funds are awarded again.
Workers who meet all of the following requirements are eligible:
Worked more than 32 hours per week in restaurants, bars, or hotels before March 9, 2020 in the following parishes:
Have minor children (under 18 years) and/or other qualified dependents
Whose total Household Income was at or below these amounts, by parish:
*Must be at least a household of 2 for the program.
*Applicants who have previously received funding are ineligible.
The Greater New Orleans Foundation Service and Hospitality Family Assistance Program.
You can apply online at https://www.grantinterface.com/Home/Logon?urlkey=gnofscholarship.
You will need to provide:
You can watch a video on how to apply at this website.
Scanning Your Required Documents
To submit your documents electronically, you will need to scan them. You can do this from your phone or tablet. You will need a device with a working camera and can download a free scanner app from the Google Play store (if you have an Android device) or App Store (if you have an iPhone/Apple device).
The app will ask if you want to save the scan. It’s a good idea to save the scanned document to your device so you have the documents ready to send.
Applications are reviewed within 10 days after they are submitted. If you are approved for the grant, payments are made within 14 days after approval.
You can send questions to this email address: firstname.lastname@example.org.
The information provided on this post does not, and is not intended to, represent legal advice. All information available on this site is for general informational purposes only.
When Estelle* walked into our office, she was distraught. At 66 years old, after working hard her entire life, she suddenly faced the possibility of losing her home and her savings. Her health was deteriorating and since she received only $800 a month in retirement, she didn’t have enough money to get another apartment. She was scared she would end up sleeping on the streets. Most frustrating, Estelle knew she had done nothing wrong.
Estelle had worked for her previous employer for over 10 years. She did odd jobs on her boss’ properties and helped get them in shape for inspections. Her employer always paid her in cash and sometimes withheld some of her earnings to help her save for big expenses. This relationship worked well for both of them. About five years ago, her employer offered a new arrangement – the opportunity to lease-to-own one of his properties. She was excited about the possibility of owning her own home and the stability it would provide. She looked forward to aging in place there. Her boss said she could use $10,000 of the money he had “saved” for her to put towards the down payment. Then the plan was for her boss to withhold part of her pay to cover the monthly rent. Estelle was thrilled. She signed a 30-year lease with option to purchase her new home.
The arrangement was great for the first couple of years. Then Estelle’s bosses who co-owned the business employing Estelle started fighting with each other. There was disagreement on who owned the business and how to dissolve the business assets. Estelle wound up being fired and then served with an eviction notice accusing her of not paying the rent. On top of that, they denied they owed her any money for her past work. That’s when Estelle called SLLS.
Attorneys from SLLS’s Employment and Housing Units teamed up to help Estelle. Getting justice for Estelle took months and several court appearances. More than once, Estelle thought about giving up. She found the legal process confusing and frustrating. The stress of the situation was taking a toll on her health. Without SLLS, Estelle could not have afforded to have an attorney. With SLLS by her side, she continued to fight for what she knew was right. In the end, the court dismissed the eviction and Estelle got to keep her home. The court also found ordered the employers to pay Estelle $23,000 in unpaid wages. Now Estelle’s doesn’t have to worry about losing her home and her future is secure.
*Our client's name has been changed to protect her identity.
PLEASE NOTE BEFORE READING: The names and other identifying information of the individuals portrayed were changed to protect our client’s identity.
Gene hoped to build a better life for himself. When he was a teenager he was charged with a misdemeanor and was sent to jail. After his release, Gene struggled to make a living for himself. While he was qualified for a job at a large Downtown New Orleans Hotel chain the employer refused to accept his job application since he had a criminal background. Gene felt defeated and didn’t know what to do. It seemed as though he would never be able to escape the mistakes of his past.
Then Gene came to Southeast Louisiana Legal Services (SLLS). His SLLS attorney determined he was eligible for an expungement. An expungement would seal his criminal record from public view so it cannot be used against him in the employment or housing application process. SLLS also referred him to our partners at the STRIVE Future Leaders program for job training. Thanks to these efforts, Gene got his record expunged and gained more jobs skills.
When Gene re-applied for the hotel job, his SLLS attorney went with him to advocate for him and help the employer understand the expungement process. The employer reconsidered Gene’s application and decided to give Gene a chance. Now Gene is working full time and making a good living wage, with opportunities for internal advancement. With a stable source of income, he is providing for his minor child and has reunited with his family. Today, Gene is a community leader showing others that mistakes made in the past can be overcome.