Unemployment Benefits Eligibility
Eligibility for unemployment insurance is determined by state law. More than half of jobless workers do not claim unemployment benefits because either they do not qualify or feel the filing process to be very complex. Contrary to this, numerous people meet the criteria for benefits and state unemployment offices have also reduced the amount of necessary paperwork over a period of time. This article will make eligibility criteria clear for filing unemployment benefits.
Unemployment Eligibility Requirements
Based on your state there may be eligibility requirements for unemployment coverage including having worked for a definite period of time. The Job Service may need job seekers to apply for jobs, submit resumes, and turn down a position if it meets certain standards.
Other Eligibility Factors to determine benefits are:
- Must be monetary eligible
- Past earnings activity (labor force attachment)
- Conditions of job separation
- Be totally or partially unemployed
- If you are identified as likely to tire out unemployment benefits and are registered in the worker profiling and reemployment services program, you have to fully participate in all assessment interviews, orientation, and referred reemployment services.
The State Job Service Offices are brilliant resources to aid with a job search. Many free services are provided including career counseling, job listings, resume and cover letter writing help, and training. Take benefit of the assistance state job service offices can give you –it will make your job easier.
Monetary Eligibility
Unemployment Calculator
After filing an initial application for Unemployment Insurance benefits, you will obtain a Determination of Unemployment Compensation with facts about your monetary eligibility. The monetary determination is not an assurance of payment. It is to give advice to you and your employer that a claim for benefits has been filed, if qualified, what the weekly benefit rate will be and upon which earnings that rate is based.
Use our unemployment calculator to determine your eligibility.
Example 1:
Let’s take an example from the state of California. Anyone may file a claim for jobless benefits in California. However, not all those who file will be entitled. In order to be qualified you must first have adequate work and earnings to set up a claim (what’s recognized as Monetary Eligibility). The wages may be from work in California only, in California and another state(s), or from work with the federal government or U.S. military service in any state.
If in doubt, file the claim and allow the Employment Development Department (EDD) make the conclusion. If you cannot establish a valid California claim the EDD will tell you what your options are for getting a valid claim.
California glances at earnings grouped by calendar quarter. A quarter consists of three precise months; January, February, and March from the 1st quarter of the year, and so on. By law, the Employment Unemployment Department can only employ the four quarters that ended before the last quarter to assess earnings. These four earnings are called the Base period of the claim; it is the only period of earnings that can be used to decide present eligibility.
How the Base Period is Determined?
Wages are drawn from a one-year period (four calendar quarters) to compute eligibility. This one-year period is called the Base Period.
If your claim is effective with any Sunday in: January, February, or March - The Base Period will be the first nine months (Jan-Sept) of last year and the last three months (Oct-Dec) of the year before last;
If your claim is effective with any Sunday in: April, May, or June – The Base Period will be all twelve months (Jan-Dec) of last year;
If your claim is effective with any Sunday in: July, August, or September – The Base Period will be the first three months of the current year (Jan-Mar) and the last nine months (Apr-Dec) of the last year;
If your claim is effective with any Sunday in: October, November, or December – The Base Period will be the first six months (Jan-June) of the current year and last six months (Jul- Dec) of the last year.
The quarter you file and the previous quarter (the months in red and white) do NOT count at all toward the Base Period, regardless of how much you earned. Neither does any time before the Base Period, even if you worked for fifty years. Benefits are only depending on the Base Period, which is, in turn, decided by the date you file for benefits.
Example 2:
Let’s consider the earnings requirements in California for example
You can establish a legal claim in two ways in the state of California:
- Earn no less than $1300 in any one quarter of the Base Period, or
- Earn no less than $900 in your uppermost quarter of earnings during the Base Period plus in the rest of the Base Period earn no less than 25% of the highest quarter earnings.
For instance, if you received $1000 in your highest quarter, the claim would only be legal if your total earnings all through the other three quarters amounted to $250, for a Base Period total of $1,250:
$1000 + (25% x $1000) = $1250 in total Base Period earnings.
So even though you earned $100,000 in your highest quarter, but did not earn as a minimum $25,000 all through the rest of the Base Period, you would not be qualified! Or if you only earned $899.99 in each quarter, you will fail by one penny. That is the rule.
When you file a claim the EDD will send back you a printed copy of the determination of monetary eligibility. Test out cautiously to settle on if your employer(s) reported your earnings properly. You can constantly request a recomputation if the data appears wrong.
EDD will also offer the following information:
- The beginning and ending date of the claim
- Weekly Benefit Amount
- Maximum Benefit Amount
Weekly Benefit Amount
The sum of money to which a claimant may be entitled each week, based on the claimant’s covered wages paid during the base period.
Let’s consider an example from the state Mississippi:
The maximum Weekly Benefit Amount (WBA) allowed in Mississippi at this time is $235.00. Your WBA for unemployment insurance benefits depends on the total wages in the highest quarter of your Base Period and by dividing that amount by 26. The minimum WBA in Mississippi is $30.00. To estimate your WBA you must first determine what your wages are for the highest quarter during your Base Period.
To be eligible for benefits, you:
- Must have worked in no less than two quarters of your base period,
- Must have earned no less than $780.00 in the highest quarter of your base period, and
- Must have earned 40 times your WBA in your base period.
The highest amount of benefits that can be paid to you during your Benefit Year is 26 times your WBA, or one-third of your total Base Period wages, whichever is the lesser.
If you file a claim for benefits and it is determined that you do not have enough wages in your base period to be eligible, you may reapply again after the quarter changes, if you are still jobless. The quarters used to decide the base period change every three months, on the first Sunday of January, April, July, and October.
Who can be claimed as a dependent?
If you do not meet the criteria for the maximum weekly benefit rate, you may be entitled to a dependency allowance. Dependant’s allowance is additional money added to a claimant’s weekly benefit amount if the claimant supports a dependent.
If you would like to claim a dependency allowance when you file your claim, you will be inquired to give the social security numbers of your dependent children.
Your dependent child or children must fall into one of the following categories:
- Under 18 years of age.
- Under 21 years of age and a full-time student.
- A mentally or physically handicapped child of any age
You are required to give proof of dependency.
While you are receiving benefits, you must inform DUA (Department of Unemployment Assistance) if there is any change in the number of your dependent children or in your status of providing support. In total, 12 states pay dependency allowance.
For Example:
Total dependency allowance for Connecticut cannot be paid for more than five dependents ($75). California does not pay dependency allowances.
When to File for Unemployment?
Filing for unemployment must be the initial item on your plan when you have been laid-off. It might take a few weeks to collect a check, so the quicker you file, the faster you’ll get paid. A delay in filing will mean a wait in collecting unemployment benefits.
How to Claim Your Benefits?
In order to obtain unemployment compensation, workers must meet the unemployment eligibility requirements for wages earned or duration worked during an established (one year) period of time. Besides, workers must be firm to be unemployed through no fault of their own, so if you were fired or quit you may not be qualified for unemployment compensation.
Confirm with your State Unemployment Office for briefing on what benefits you are entitled to. You may be able to file over the phone. In various states, you can file online for unemployment.
In general, to file a claim you will need:
- Social Security Number
- Alien Registration Card if you’re not a US citizen
- Mailing address including zip code
- Phone number
- Names, addresses and dates of employment of all your past employers for the last two years
Disqualification from Unemployment
The following conditions may disqualify you from collecting unemployment benefits depending on state law:
- Quit without good cause
- Fired for misconduct
- Resigned because of illness (check on disability benefits)
- Left to get married
- Self-employed
- Caught up in a labor dispute
- Attending school
Check with the Unemployment Office if you have the above or any other special circumstances.
Frequently Asked Questions For Eligibility Criteria
Can I collect for voluntary termination of a job?
Yes, if the reason for leaving is justifiable and related to work or, in some circumstances, to domestic issues. Check with your state’s employment security office for clarification.
Will I qualify for unemployment if I was allowed to resign but received a severance package?
If you quit or get fired, then you are not eligible. Only hope is that you explain the situation to unemployment office (after you lose the job) and they consider your case under “good cause” provision.
If I start collecting social security does this stop my unemployment?
Unemployment insurance benefits are not counted under the Social Security annual earnings test and therefore do not affect your receipt of Social Security benefits. However, the unemployment benefit amount of an individual may be reduced by the receipt of a pension or other retirement income, including Social Security and Retirement benefits.
You should contact your state unemployment office for information on how your state applies the reduction.
Are elected officials eligible for unemployment compensation when terminated by a different employer?
The law does not allow using some types of wages to establish claims which include working as an elected official. Hence, may not be eligible to claim the benefit.
Can I file a claim if I already lost a week’s pay from my job?
Yes, because most states pay unemployment compensation benefits based on the amount of earnings for a particular week. However, it all depends upon your weekly benefit amount and, possibly, other factors. File the claim and see.
If I was contracted to work through a company and was let go due to loss of work can I file for unemployment?
Periods of self-employment don’t generally qualify for unemployment insurance claiming, as you’re not paying into the system. The other question likely is, do you qualify based upon your earnings from ex-employment other than the self-employment income? Depending on these factors it will be decided whether you are eligible or not.
My question is in regards to relocating/moving to a different city within the same state. Im moving from Northern California to Southern California in October but still have not found a job. How or will I be eligible to collect unemployment during the relocating and job searching? Please advise and thank you for taking for reading.
Jesus Jessica Hernandez
you need to claim the benefits in the state you have worked through online and actively search for the job in the state where you have moved on….
If a claim has been filed and it was denied, and not appealed, can you refile a claim?
Earned income, reasons for unemployment and the length of employment all play a part in unemployment compensation eligibility. You may reapply for benefits based on new employment information or changes in existing claims. In the case of denied benefits, you have the right to file an appeal. Additionally, you may be entitled for extended compensation if regular benefits have been exhausted. Unemployment benefit eligibility and laws differs by state.
Is a person eligible for unemployment benefits if their employer has created a hostile and/or unsafe work environment for the employee, and the employee has left the job and has had to seek medical assistance due to extreme stress and depression caused by their work environment?
can you make a claim if you get fired from a 7 year second job. Thanks Melody Marthaler
Every state maintains its own separate rules and eligibility requirements, but usually you can claim at least limited unemployment benefits if your wages are suddenly reduced or eliminated, even if you lose a second job.
If i have been laid off in California but have plans to move to either Florida or Virginia can i still claim unemployment benefits in California or do i need to file in the state i move to?
I was fully employed until 2 weeks ago. My hours were cut to 20 per week. I have not gotten 20 hours/wk yet. Am I eligible to collect partial benefits?
moving from the state of oregon to California to help take care of a family member . i tried to transfer with work unable to. will i be able to collect unemployment with i look for a job once i move?
I lived in Texas for years and was laid off last Aug. Denied unemp because I didn’t get a copy of my resume to my contract company within the time specified in my contract. I was told I had to work 40 hours within a months time or make $2,600 and I would be eligible for all of my benefits. I never met the requirements and moved to Louisiana Dec. 2011 and finally found a job in Jun 2012. I was “let go” and or told my services were no longer needed. Louisiana pays very little compared to other states and especially Texas. Can I claim unemp in Texas?
Hello,
I’m in Pennsylvania and this week I became unemployed. I worked for a consulting company and the assignment they were offering me was with a client that was over an hour commute from my home and for which the skill set did not match my own. I turned down this assignment and as a result the company decided to terminate me. In the termination agreement drawn up by the company it states that I have resigned due to refusal of assignment. I have not signed this letter yet. My question is this- if I do sign this as a resignation letter will I fail to meet eligibility requirements for unemployment compensation? Any insight into this situation would be greatly appreciated.
Is there a difference in unemployment benefits if I attend school?
what if i am fired after i have reported harrassment, hostile work environment and retailation for the report?
Usually you don’t get unemployment if you quit without a valid reason. But when you have a serious and valid reason you might be entitled for unemployment benefits. You will have to prove your case with your state’s unemployment office and you might receive unemployment benefits.
how do i file for unemployment in GA but live in TENN
As a school bus driver, would I be eligible for unemployment during the months of summer break from school?
Season employees are often entitled to collect unemployment benefits for the periods of time in which they are not working. Whether or not benefits are obtainable is completely dependent upon the local government.
In some places, seasonal employees are not qualified to obtain anything; in others, money is obtainable but in smaller amounts than for the long-term unemployed.
Do you get a higher rate of unemployment if you have children?
Even though you base unemployment benefits are a fixed percentage of your earnings from employment, some state might supplement your benefits if you have children.
Hi my question is about receiving unemployment once i get out of the military. i’m active duty army and take leave for the month of november 2012 then december 2 is my final separation day from active duty. After the military I’m going to school in texas to achieve my bachelors degree and i start classes in january. i would like to draw unemployment to focus on school and as my family lives outside of the state of texas i know it might be tough to make ends meet. i would like to know how soon i’m eligible to apply for unemployment and any tips would help a lot, thanks.
Can a person file for benifits if they work at a job through a temp agency? We worked alot during Sept thru Nov and now there is no work until Feb or March of 2013.
My job ended because after the Union striked, they decided to close the company down, I crossed the picket, will I Qualify?
Will those who striked qualify?
I was laid off but given a year’s compensation as severance and paid out my vacation. I’ve paid into UE all these years and now that I’m unemployed, why can’t I collect UE?
Thanks,
Bev
3 weeks ago I was stopped by the police, I was driving a company vehicle that had a suspended registration due to an insurance laps 2 months prior. Last week my pay check bounced and this week my pay check was givin to me and was told I could not cash it for 3 days, then I look and see it was not signed. My pay day is suppose to be on Friday’s and I have to chase after my pay check. I have never in 40 yrs of working collected unemployment. If I leave will I be able to collect unemployment?
My question is about the dependency of an elderly parent suffering from dementia, who requires constant supervision from me, yet cannot afford a nursing home. If I left my job because I have no one to take of her but me, will I be eligible for unemployment, until DHS approves her case for in-home care?
I live in nj and work here too. My employer is asking me to sign a contract stating I must accept a transfer to another state (NY) if they decide to take our work out of NJ. Is that legal? Also can I elect to collect unemployment benefits as opposed to driving into NY as it presents a financial burden in tolls and mileage? Please advise and Thank you…
My employer added a partner and they are cutting our wages by 40% contrary to my employers promise that wages would not change.
can i receive unemployment due to a move to another state and do i file in state i am leaving i did quit to move back home
I moved from California in August and have been working in Hawaii since then. I just learn that I am going to be laid off and I don’t seem to qualify for unemployment because I had not been working in Hawaii in any of the four quarters.Is there anything I can do? Is it possible to enter the amount I earned in California on the forms in Hawaii. Any feedback will help.
I resigned from my job as a cooks helper for reasons of extreme stress that was causing my diabetes numbers rising.I am a mich resident, but I have been working as a civilan govrrnment employee in Garmisch germany at the armed forces recreational center for the last 15 years. my question is, can I now get unemployment compensation?
If my job is forcing to to take a demotion, including a $5000.00 pay cut and now have to drive and hour and a half to work versus 20mins can I voluntarily leave without them laying me off and still collect unemployment?
Your State Unemployment Commission will assess your situation and base their decision on their findings. They will decide if the demotion you were offered was considered suitable for your profession and industry, in terms of pay for your job and how it would compare to the local economic standards. If the Commission determines that the job was suitable, then you may be denied unemployment benefits whether you leave voluntarily or get terminated. However, if you leave voluntarily, and can show proof that you had good cause to quit and had the demotion that was offered was unsuitable, you may gain unemployment benefits.
On the other hand, in almost every state, an employee whose hours have been cut significantly, can collect partial unemployment benefits.
I had to resign my psoition to move to another state to care for elderly parent. Would I qualify for unemployment benefits? I worked in GA and reloacted to NM.
I was recently fired. I received one “warning” for poor performance, but no plan for improving, no follow-up and time period for improvement needed. Can I still collect unemployment in Georgia?
Can I collect unemployment benefits if I quit my job to move to another city to get custody of my children??
Does a company need to pay for unemployment insurance, if nobody ever gets full time pay? How is the cost figured to a tax very small business.
My husband has currently been living and working in California for the past 20 months. He will be moving back to Arizona by the end of the summer. When he is filing for unemployment, will be file under California or Arizona?
Does being on an FMLA LOA qualify for UI?
One for 8 weeks and one for 4 weeks.
If I was involentaraly let go from the military on a Honerabe discharge, because of a rollback do I qualify for unimployment? Sorry if spelling is incorrect, I can’t see what I’m typing
if I filed a claim in Louisiana in December and never collected any benefits, can I file agian in Vermont in July?
Qit to receive chemo therapy. Do I qualify for unemployment benefits
Hi Roy,
If you have quit job due to health issues, you might not be eligible to receive unemployment benefits. Unemployment compensation is available to workers who have lost job through no fault of their own and are able and willing to work. Check if you can receive any short term disability benefits.
My question is that I was working for the census Bureau for 2010 but after the job ended I never filed unemployment. I haven’t had a job since then, until now but I only work three hours a day five days a week at $8.00 an hour. Does that mean that I don’t qualify for unemployment because I waited too long to file?
Hi Jennifer,
Looks like you waited too long. But why not try contacting a claims specialist. They may be able to help you. Sometimes, its better late than never.
I recently ended my unemployment insurance from NY state. I was employed as a professional golf instructor for children at the Parks Foundation in Brooklyn NY for a period of 5 years. I move to South Carolina in October 2010 and have been unemployed since. NY state unemployment told me to contact you to see if I can get ANY type of unemployment benefits. I have a tentative job set up for the spring of 2014 at the North Myrtle Beach Parks and Recreation center. Please let me know what if anything I can do. Thank you, Paul V. DiStefano
Hi Paul,
We cannot help you receive benefits as we are a information site.
You seem to have exhausted your unemployment benefits. Have you tried collecting EUC (Emergency Unemployment Compensation)?
My question is I quit my job because of my job very stressful it cause my health now my blood pleasure went high bacuase of my Boss very stressful to work with I’ve been the company for almost 8months.Those months I work my blood pressure start getting higher .I need a job and I need insurance for my wife who is disable she depen on me.I need to be in good health no stress it’s killing me evrerytime I go work.So I quit my job .My question is can I file unemployment meantime I still searching a new job? I need help I need to pay my mortgage & utility.I got few interviews so far but meantime can I file unemployment .Please need help and Thank You .Nestor
Hi Nestor,
It is unfortunate that you had to work in such a hostile environment. You can apply for unemployment benefits and are required to search for a job while doing so. However, since you have quit the job, the burden of proof is on you. You will have to prove the conditions at your office and also show how you tried to fix it and make it better.
My question is this-I live in Wisconsin I exhausted tier 2 benefits in the third week of March.I stopped filing weekly claims since then thinking it was unlikely another extension would came up.
I reopened my claim a few days ago to try to get tier 3 benefits.I didn’t get a offcial lettter but my online page says I didn’t meet minimum wage requirements to qualify for benefits on my current claim.
How can that be?
Hi Sabrina,
Tier 3 seems to be available as the unemployment rate of Wisconsin is above 7%. I am unsure why you are facing that problem. It is advisable to meet a customer service representative at the earliest to rectify the problem.
http://www.fileunemployment.org/wisconsin/office-locations
http://www.fileunemployment.org/wisconsin/extension
I am a college student that is seasonal worker with the same employer for the past year. My employer told me I am no longer needed since hours were cut. Can I file for unemployment benefits?
Hi Melissa,
In order to qualify for unemployment benefits, it is necessary to have worked full time and have earned a certain amount in the base period. Please check for other eligibility requirements before applying. Since you were laid off for lack of work, there might be a chance you can receive compensation. Please let us know how this helped you. All the best!