Entrepreneurs may be able to collect partial unemployment insurance

Q. I happen to know a woman who has been collecting unemployment for months and is also running her own business at the same time. I have reported this to the Unemployment Fraud Bureau several times, and still this person is collecting benefits. The reason she is unemployed is that she quit her job before she could be fired, when it was discovered that she had forged the name of a town official in order to distribute funds from her retirement account, which was with the town she was working for. Now, she is costing the taxpayers of this town money collecting benefits and running her home party business at the same time. So, how does the average member of society go about reporting fraudulent activity so that it is stopped?

A. The Department of Unemployment Insurance maintains a 24-hour anonymous fraud hot line, 800-354-9927. All cases are investigated by the Department of Unemployment Insurance and/or the attorney general's office, said Linnea Walsh, the communications director for the Massachusetts Executive Office of Labor and Workforce Development.

The regulations governing unemployment insurance benefits are complex. Every case is evaluated on its own merits. There are times when individuals who are working can legitimately collect unemployment insurance.

For example, entrepreneurs may be eligible to receive partial unemployment benefits at the same time they are starting up their new businesses. This would be true if the individuals were working less than full time at their own business and if they were still available and looking for full-time employment.

Also, whether employees quit or are fired is not the sole factor determining eligibility for unemployment insurance benefits. If an individual quits before he or she is terminated, then an unemployment department claims representative has to determine the answer to this hypothetical question: If that individual had been fired, would it have been for a reason that would have disqualified him or her from receiving unemployment insurance benefits? Alternatively, when an employee is a given the option to resign, rather than waiting to be fired, if he or she otherwise would have been eligible to collect unemployment insurance benefits, then the employee is entitled to collect unemployment.

As you can see, there are a wide variety of circumstances and variations that affect unemployment insurance eligibility.

It is impossible to know without further information and investigation whether or not the individual that you think is committing fraud is actually behaving in a fraudulent way. The only action any ethical member of society can do is to report any serious suspicion of fraud to the fraud hot line, and know that the allegations will be investigated thoroughly by the appropriate agencies.

A. Your question makes me nostalgic for the days before e-mail, voice mail, and third-party screeners. You seem to have encountered an unusual number of electronic glitches and missed connections related to this one job opening. Are you sure that you still want to work for an employer that seems as disorganized as this one?

If you do, one approach would be to try contacting the human resources director -directly. Follow-up with him and explain what you have explained to me. Emphasize that you believe you have the exact skill set the company is looking for; that you know how rare it is to find your particular combination of skills; and that you were surprised not to be included in the group of finalists for the position by the executive search firm. Ask him if there is any way that he is able to intervene and to have your application be included for consideration.

Another approach would be to schedule an informational meeting with the hiring manager of the department for this position. The hiring manager may better appreciate the uniqueness of your skill set (if it is indeed as rare as you suggest). If he or she is frustrated by the way the search has proceeded so far, he or she may be willing to bypass human resources and/or the executive search firm to fill the vacancy in the department with a qualified candidate.

An advantage of talking with the hiring manager is that you will be talking with a knowledgeable colleague in your field. Even if you are not hired for this particular opening, you will have begun the process of developing a relationship with someone who can perhaps be an adviser to you during your job search or who can refer you to future job openings. Ask the hiring manager for frank feedback on your resume and credentials.

Perhaps you are missing something in your experience or education that the other finalists have. Perhaps you have met or exceeded all of the qualifications for the position, but that information is not conveyed as clearly as it could be on your resume.

Whichever approach you decide to take, be sure to do so with humility and a positive attitude rather than hostility. Approach the employer from the perspective that you are hoping to help solve their employment problem, and to answer your question, of what qualification(s) the finalists for this position have that you are missing.

A. What you are describing sounds like a common practice among employers. This practice is not discriminatory or illegal, although I would need additional details to make certain that your employer is doing everything correctly.

It is not uncommon for companies to contribute more to older workers' retirement plans than to younger workers'.

Although it may appear to you at first glance to be a discriminatory practice, it is actually a practice that was designed to be more equitable for all employees. The younger the employee, the more an employer would anticipate contributing into that employee's plan during the individual's employment life with the company. It is the expectation - or at least hope - of young employees that they will become older employees some day, and thus become eligible for an increase in the percentage of their employer's contribution to their pension plan. Generally, the difference in percentages from younger to older workers can range anywhere from 2 to 8 percent.

You probably were given a copy of your summary plan description, when you became eligible for your company's pension plan.

If you don't still have that document, ask your benefits person for another copy. The summary plan description should include, in relatively readable language, an explanation of how your plan works, where you can go for more information, and how you can file a claim if you have any questions.

Read through it thoroughly and then ask questions of your employer if you still have additional questions. Occasionally age has its privileges; this is one of those occasions.

Roni F. Noland is a career counselor/coach in private practice. She can be reached at rfnoland@comcast.net.

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