Unemployment compensation insurance benefits are based on both federal and state programs and are designed to help you survive financially while looking for new employment after losing your job.
Initially set up in 1935 as part of the federal Social Security Act, unemployment compensation programs are largely administered through the Federal Unemployment Tax Act ("FUTA") and state unemployment programs which follow federal standards.
To qualify for unemployment compensation, you must have a record of a minimum amount of earnings over a set period of time, usually the last year.
In most states, you won't be eligible for unemployment compensation if you:
So what's considered "good cause" to quit your job? Laws vary by state, but generally "good cause" reasons are focused on illegal job conditions rather than simple job dissatisfaction. Examples of "good cause" to quit a job include:
In some states, "good cause" can sometimes include personal circumstances which force you to leave the job, such as following a spouse who's been transferred to a job out-of-state or in the military, or taking care of seriously ill family members.
What type of job misconduct is serious enough to prevent you from qualifying for unemployment compensation? It must be activity that goes beyond simple poor judgment or personality conflicts. Examples of serious misconduct that will prevent you from getting unemployment compensation include:
It's best to file an unemployment compensation claim with your state agency(link) as soon as you lose your job, as it sometimes takes several weeks after filing to start receiving payments.
Your state's unemployment compensation program will first decide whether you're eligible for benefits, based on information provided by you and your former employer. Most states require you to file a written "objection" within one to two weeks of receiving notice that your claim has been rejected.
If either you or your former employer objects to your state's determination of eligibility, there will be an informal hearing, typically in front of a government hearing officer who is usually referred to as a "referee" or a "hearings administrator." This is your one and only chance to make a record as to why you should be awarded unemployment compensation benefits.
If you can afford a lawyer to represent you at the administrative hearing, it's a good idea. A lawyer familiar with state laws and regulations can help you present your best evidence. In some metropolitan areas, there are free or sliding-fee-scale volunteer lawyers who can help you.
Types of information you'll want to produce at the administrative hearing include:
If you or your former employer disagrees with the referee or hearings administrator's decision regarding eligibility, you can appeal to your state's unemployment agency, which will usually have an administrative hearings board or commission to handle such appeals. In most states, such a review board will only look at the evidence produced at the referee or administrative hearing.
If you or your former employer is still at odds with the review board's decision, it is possible to appeal the decision to your state's court system. The legal standard for winning at court is usually quite high: you'd have to prove that the administrative appeal board ignored the law or that there wasn't enough evidence to support the decision.
Regular unemployment benefits are paid for 26 weeks in most states, with federal extended benefits available in areas where the unemployment rate is high (based on previously-set federal standards).
While receiving unemployment benefits, you must be capable of and available to work, and must make an active job search each week, contacting a certain number of potential employers about current job openings.
a judgment entered by a court after an entry of default against a party for failure to appear, to file a pleading, or to take other required procedural steps
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