Unemployment Compensation Claim Information
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This page attempts to answer common questions based upon general Unemployment Compensation law. However, the law in each state may be different than what is listed below. We suggest that you consult with an attorney licensed to practice in your state about any legal problem in connection with unemployment compensation.
Unemployment compensation is a government program that pays benefits to unemployed or part-time workers who are searching for work. The benefits are based on what you earned before you quit working, and usually last up to 26 weeks. The money comes from a tax paid by most employers.
You can get unemployment compensation if you worked enough time in the year or so before you apply for benefits AND you are able to work, available for work, and actively looking for full-time work UNLESS (1) you were fired from your last job for misconduct OR (2) you voluntarily quit without "good cause." If you have a health condition that kept you from working in the last year and a half, but you are now able to work, give the Commission proof of this from your doctor. If you find part-time work, you can still get part of your unemployment check while you look for a full-time job.
"Work-related misconduct" involves serious misbehavior that you knew or should have known could get you fired. Often, misconduct involves violations of an employer's policies about issues like absenteeism or work procedures.
Some examples of misconduct include: missing work without properly notifying your employer, using the employer's supplies or services without permission, lying to the employer, disobeying direct orders by a supervisor, and refusing to cooperate with co-workers.
Common reasons for termination -- such as inability to do the job, unsatisfactory performance, bad attitude, or personality conflicts -- are not necessarily "misconduct" and might not disqualify you from getting unemployment benefits. Some examples of behavior that is not misconduct include:
You can also defend yourself by showing that you could not prevent what happened, or that you acted in response to wrongful acts by your supervisor.
Some reasons that can be "good cause" for quitting include: not getting paid wages or overtime, harassment by supervisors or coworkers, major changes in your job that make your job worse, unsafe working conditions, and unfair discipline. Before you quit, you must tell your employer about the problem (preferably in writing or with a witness present) and give the employer a chance to fix it. Also, if you can prove that you quit to avoid being fired, your employer will have to prove that you committed "work-related misconduct."
Write out a statement explaining why you lost your job. Go to the nearest unemployment office, ask to file for unemployment compensation benefits, and give them your written statement. Be cooperative, and be sure to give truthful, complete, and consistent information about your situation. Give the Commission copies of any documents that back up your story. Always keep copies of your statement and the other documents you give the Commission, in case the Commission loses your papers or claims you said something different. NOTE: You will have to reapply for benefits every two weeks while you're out of work.
Carefully read over the booklet that you get when you apply. Make sure to look through the sections on "special circumstances" and "special programs." These tell you if there is anything about your situation that would allow you to get better benefits or training.
No, but it makes sense to apply right away. If you wait to apply, you will not get paid for time that has already passed, and your weekly benefits may be smaller than if you had applied right away. If you wait too long, you might not get any benefits at all. Remember, you must reapply every two weeks.
Unemployment benefits are paid for a seven (7)-day period beginning on Sunday and ending on Saturday (Monday through Sunday in New York). In order to remain eligible:
Claimants who file for unemployment benefits may be directed to register for work with the Employment Service. If you are not directed to register, you still may, at any time, seek help in finding a job from the Employment Service. In addition to registering you for work, the Employment Service has several ways to help you find a job. All services provided are free of charge:
Unemployment benefits can be paid to you only if you are unemployed through no fault of your own. If any of the following conditions applies to you, you may be disqualified from benefits, either indefinitely or for a set period of time:
Other disqualifications may be determined by the state. Disqualifications can be appealed.
The weekly benefit amount is generally about 50 percent of the amount earned while employed. Each state has a maximum benefit amount. Benefits can be paid for up to a maximum of 26 weeks in most states. Additional weeks of benefits are available during times of high unemployment. Benefits must be reported on the recipient's income tax return.
If your regular work hours are reduced because of lack of work, you may be able to receive partial benefits. You can earn up to 40% of the weekly benefit rate or $6, whichever is greater, without reducing your benefits. Any amount you earn over this in any week will be deducted from your weekly benefit rate.
If you fail to report all wages, you may be disqualified from receiving benefits and you may be subject to fines or imprisonment.
If you are pregnant, you can collect U.C. benefits only if you do not voluntarily leave your job. If you are able to work and suitable work is available, but you leave just because you are pregnant, you are not entitled to unemployment compensation as a general rule. If your employer discharges you because of pregnancy, you are entitled to benefits. Benefits may continue after the baby is born if you are available to work and otherwise eligible for benefits.
Yes. You can be prosecuted if you make false statements or knowingly withhold information in order to illegally obtain benefits. If convicted
The employment office will notify your former employer of your application, and ask why you left your job with that employer. If your former employer responds in a way that indicates you are not entitled to benefits, your claim may be denied. You may file an immediate appeal and the local employment office will make an initial determination as to your eligibility for benefits.
Either party may file an appeal from the determination of the local employment office. If an appeal is filed, a hearing will be scheduled before an Unemployment Compensation Referee. The Referee will conduct an evidentiary hearing and issue a written decision.
Most contested claims for Unemployment Compensation raise one of the following two issues:
In most states, the doctrine known as "Employment at Will" permits an employer, at any time and for any reason, to terminate any employee who is not covered by a union's collective bargaining agreement or by an employment contract. If covered by one of these agreements, then generally one would have to review the terms of that agreement to see whether termination is proper. This doctrine is known as "Employment at Will". An employer's right to terminate an employee pursuant to the "employment at will" doctrine is different than the employer's right to successfully challenge entitlement to Unemployment Compensation benefits for willful misconduct. Frequently, an employer may be well within its rights to terminate an employee due to some conduct which the employer finds objectionable or offensive. Such conduct, however, may not rise to the level of "willful misconduct" in order to bar you from collecting Unemployment Compensation benefits. If your conduct does not rise to the level of "willful misconduct," then although the termination was lawful, Unemployment Compensation benefits must be paid. The Unemployment Referee will make the determination.
Both parties will testify in person before the Referee. Each will have an opportunity to explain the circumstances surrounding the termination from employment, and state why Unemployment Compensation benefits should or should not be paid. Each will be examined by the other's attorney. After you and any witnesses on your behalf testify, your former employer may present witnesses in support of its position. Both attorneys will then be permitted to cross-examine each other's witnesses.
You can file an appeal form at the Office of Unemployment within 15 days of the Referee's decision against U.C. Your employer is also entitled to do this if the referee rules in your favor and the employer disagrees with the ruling.
Unemployment Insurance Extended Benefits is a program the Federal government helps finance for states with high unemployment. Within the Unemployment Trust Fund there are accounts for extended unemployment compensation. During economic recessions the federal government has provided emergency assistance to allow states to extend the time for which individuals can receive benefits. This has been accomplished by transferring money to a state from its Extended Unemployment Account by passing a temporary law authorizing the transfer. The ability of a state to tap into this emergency system is usually dependent on the employment rate reaching a designated percentage within the state. The Extended Benefits program provides an extra 50% of regular benefits (up to 13 weeks) in all states while the high unemployment continues. Some states may offer 80% of benefits (20 weeks) under some circumstances. The amount of compensation is the same amount as the compensation under regular benefits. If the program goes into effect all potentially eligible claimants will be notified.
Extended Benefits requires a more intensive work search and has tighter rules on work refusals. Not everyone who qualifies for regular benefits can receive Extended Benefits because the base period wage requirements are slightly different (twenty weeks of work or equivalent in the base period). Local offices of the State Employment Security Agency will furnish claimants with a more detailed explanation of the special requirements under this program.
UCFE - Unemployment Compensation for Federal Employees is the benefit program for unemployed federal employees. Funding comes from the Federal Government and is distributed through State agencies. Federal wages are not reported to a state unemployment compensation agency until a claim is filed. The claimant's federal wages will be "assigned" to the state of the last duty station or the state of residency if the duty station was outside the U.S or if covered work was done in the state after leaving federal service, or if the employer was the Federal Emergency Management Agency (FEMA). (This is the only Federal agency who does not report wages to the last duty station.)Benefit amounts and length of weeks benefits can be paid are determined by the law of the state in which the claim is made. Federal wages assigned to another state may be transferred to the resident state under the Combined Wage Claim program. (Contact the local UI office.) When a claim is filed following a period of federal employment, the claimant must bring all forms the federal agency furnished upon departure. These include the SF-8 "Notice to Federal Employees About Unemployment Compensation" and the Notification of Personnel Action. Also bring proof of the federal wages, if available. NOTE: Certain services for the federal government are not covered by unemployment compensation. The agency worked for must certify that the services were covered under the UCFE program. Information from a federal agency regarding the location of the duty station, the wages, and whether the employment was covered, are final and binding. If claimants disagree with any of this information, they have the right to ask the agency to reconsider its findings and appeal the denial of benefits. The UI office can help you complete the proper forms to make such a request.
NOTE: For those who worked as civilians for the federal government after retirement from military service, their military retirement pension is deductible from UCFE benefits.
Other sources of income such as retirement pay will also reduce benefits or cause benefits to be denied.We recommend that you hire an attorney as soon as it becomes apparent that there is a contest regarding entitlement to Unemployment Compensation benefits. Your attorney will be able to counsel you in the filing of the proper paperwork and if a hearing becomes necessary, your attorney will make sure that all the evidence in your favor is presented in the most effective way possible to maximize the likelihood that you are successful.
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