Unemployment Benefits Eligibility

by Ray on December 16, 2008

More than half of unemployed workers do not claim unemployment benefits because either they think filing for unemployment is a complex process or they may not qualify for the benefits. Contrary to the popular belief, many people do qualify for benefits and state unemployment offices have reduced the amount of necessary paperwork over a period of time. This article will explain the eligibility criteria for filing unemployment benefits. ©FEMP9

The eligibility criteria varies depending on the state where you file for unemployment benefits. However the following general guidelines will help you determine overall eligibility.

Voluntary Separation Were you fired by your employer or lost your job because of misconduct or due to disciplinary action? If so, you may not qualify. However, that is not the end of the road. You may be still eligible provided you meet certain special conditions such as hazardous or inhuman working conditions. Contact your state unemployment office to learn more about this clause, or possibly hire an attorney if it makes financial sense.

Severance Packages If you have received severance package from your previous job separation, you are not likely to qualify for the benefits

Ability to workYou must be willing and able to work and must be actively seeking for jobs. If you are physically unfit due to medical reasons, UI benefits do not provide coverage and you should pursue disability insurance instead. Attending full-time college programs may also disqualify you from claiming benefits unless you can prove that you are actively seeking work and willing to quit school if you get full time job.

Wage Credits You must have earned wages during unemployment base period prior to filing the initial claim for unemployment benefits. Base period and prior earnings eligibility varies across states. Some states require that your salary in the base period be high enough to pay all your basic expenses.

Authorization to work in United States Only those who have unexpired work permit or authorization documents to work in United States can claim for unemployment benefits. Certain work visas require that you find a new job in the same field within 30 days of becoming unemployed. Since the unemployment filing process may take more than 30 days, such applicants will not be able to claim benefits.

Where to apply for unemployment if I you worked in multiple states or living in a state different from where you worked?

According to dept. of labor, if you worked in a state other than the one where you now live or if you worked in multiple states, the state UI agency where you now live is where you file your claims. They will check with other states and process your claim.

Related posts:

  1. Base period for filing unemployment benefits
  2. File for Unemployment – The Ultimate Guide

{ 1 trackback }

File for Unemployment - The Ultimate Guide | File Unemployment
January 27, 2009 at 6:32 pm

{ 107 comments… read them below or add one }

1 ken February 24, 2010 at 7:20 am

I work for a company that is not allowing me to earn a living. I work in sales. the company has the commissions I earn by 50% and eliminated bonuses. The worst of it is that they are trying to eliminate agents. Any calls that are potential leads go to the home office and are then sent to brokers. I have not seen a paycheck in two months. The company refused to lay me off. Can I file a claim with unemployment. I am actively looking for another job but have had no luck.

2 Nancy February 24, 2010 at 12:26 pm

Will unemployment pay me if I am on maternity leave from work?

3 Ray February 24, 2010 at 1:07 pm

@Ken – Have your employer paid unemployment taxes for you? If so, it would be considered full-time job and you won’t get benefits. Talk to your State agency to explain your situation. You might be able to claim benefits.

@Nancy – I don’t think you will be eligible unless you had involuntary separation from your previous job.

4 Joanne Pilchowski March 4, 2010 at 12:27 pm

I expect to be laid off very soon. I work part time 20 hrs./week, and have worked at this job for the last 10 years. Am I eligible for unemployment compensation?

5 Ray March 4, 2010 at 3:06 pm

@Joanne – Yes, part-time employment is generally not an issue, but the benefits you will receive will be reduced based on your pay.

6 Harry March 6, 2010 at 2:48 pm

I’m currently deployed as a army reservest called to active duty in Iraq.I will be home in april and have my old job in Ohio to go back to but I live in MI. Once I get home I have 90 days before I have to go back to work. Do I qulify for unemployment for that 90 days?

7 Ray March 7, 2010 at 3:21 pm

@Harry – I don’t think they will let you claim benefits as your although you have an outside chance. The law states that you must have lost the job involuntarily.

Leave a Comment

Previous post: Base period for filing unemployment benefits

Next post: Unemployment Benefits