Can I collect unemployment insurance if I’m a per diem employee who averaged 70 hours a pay period for the last 5.75 years?

I am a per diem respiratory therapist working at a hospital. I work a minimum of 30 hours a week and usally much more. I have worked basically near full time hours since I started working there 5.75 years ago. If I am laid off, may I collect unempoyment insurance? I was told no by my supervsor. It was a surprise to me. I thought since I have paid both state and federal taxes that I still qualified.

Asked on July 15, 2012 under Employment Labor Law, New Mexico


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you work the hours on average that you have stated over the past five (5) years with the same employer than under the laws of all states you would be entitled to receive unemployment benefits if in fact you are terminated from your current position as a respiratory therapist.

After all, your pay checks reflect payment into the unemployment account of your employer.

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