Collecting Unemployment Insurance Benefits

Introduction

With the economy as it is today, people everywhere are facing job cuts and layoffs. If you are currently unemployed, you may be eligible to collect unemployment insurance benefits while you are out of work. The purpose of unemployment insurance is to provide people who have become unemployed through no fault of their own with money payments for a set period of time until they find a new job

Eligibility for unemployment insurance is established by general Federal guidelines. Additional eligibility requirements are set by each individual state, such as money amounts and period of pay. These requirements will vary from state to state, but it helps to know some of the general guidelines for collecting benefits. This article explains some of the more general requirements for unemployment eligibility.

Eligibility Requirements for Unemployment Benefits

A person who files for unemployment insurance benefits must meet several eligibility requirements. In order to be eligible, you must:

Be unemployed, either totally or partially

Be monetarily eligible (received sufficient wages during the previous employment- this varies by state)

Be unemployed through no fault of your own (being laid off = no fault)

Meet weekly requirements each week benefits are collected. These weekly requirements include: Being physically and mentally able to work; actively seeking employment and being ready to accept work; filing weekly claims in a timely manner

In some instances, be approved to attend training courses before benefits can be collected. If you are already attending a form of training, you might not need to fulfill the "seeking employment" requirement listed above.

Probably the most important factor here is being unemployed "through no fault of your own". This means that you cannot collect unemployment if you have been fired or voluntarily left employment (i.e., if you quit). However, in some instances you may still be eligible if you voluntarily ceased employment for "good cause", which is determined by state authorities through a hearing. Finally, benefits collected through unemployment must be declared in tax statements.

Disqualification from Unemployment

Several factors may disqualify you from receiving unemployment insurance benefits. You might be disqualified if you:

Quit your job without having "good cause"
Were fired or discharged for misconduct
Were released due to illness (though you may be eligible for disability)
Resigned in order to get married
Were self-employed
Were involved in a dispute over labor issues
Attended school

If any the above applies to you, check with your state's Unemployment Office to see if there are any available remedies or options for you. You will likely be subject to a scheduled interview to provide the office with more details of your separation. Benefits could be reduced or denied accordingly.

When and How Do I File? Documents and Information Needed for Filing

You should file for unemployment benefits as soon as possible after severance from work. It is to your advantage to do so quickly because it usually takes at least a few weeks before you collect your first check. Also, you need to give the Unemployment Office some time in case they need to conduct follow-up interviews.

Every state has an Unemployment Office which you may contact over the phone or through their website. You will need the following basic information and documents for filing:

Your social security number
If you are not a U.S. citizen, an Alien Registration Card
Your full mailing address
A phone number where you can be reached
Contact information of past employers from the previous two years (i.e., names, addresses, dates of employment)

How Much Will I Be Paid? Can My Collection Period Be Extended?

Both the amount you will be paid and the number of weeks you may collect are subject to change, and vary from state to state. Usually the amount you will be paid is half of your earnings, or half of the state's average weekly earnings.

For most states, the maximum number of weeks you may collect a check is 26 weeks, though several states have a maximum of up to 99 weeks. Also, Congress often changes the deadlines for collection. For example, Congress recently voted [http://www.washingtonpost.com/wp-dyn/content/article/2010/04/12/AR2010041203337.html] to extend collection periods in certain instances where time has lapsed.

Again, check with your local office to determine the amount of wages you are entitled to receive and the number of weeks after unemployment that you are eligible.

Conclusion

The times can be demanding, and authorities are doing what they can to assist people while preventing abuses of the unemployment system. If you have recently become unemployed, check to see what options you have available under the general guidelines given above. If you are currently employed, be mindful that if you leave your job, the way you do so can affect your unemployment eligibility.

If you need further assistance, contact a lawyer through LegalMatch.com who can explain these matters in-depth.

Ken LaMance is the Corporate Counsel at LegalMatch, an online client-lawyer matching company based out of South San Francisco, California. LegalMatch is fast, free, and confidential. LegalMatch is America's original attorney/client matching service and is not a referral service. When a consumer presents their issue to LegalMatch, our system matches the consumer's case to LegalMatch lawyers in their city or county based on the specifics of the consumer's case, lawyer's location, and area of legal practice. LegalMatch also offers a number of useful resources like an online law library, tips, law blog, and forums ( http://forums.legalmatch.com/ ) on nearly every topic.