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.
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I want to know if I qualify for unemployment
I am recieving unemployment benifits from Utah and thinking about moving to Washington. Can I transfer my benifits to Washington if I move?
Travis
Yes, you can continue receiving benefits from the state you filed for unemployment benefits even after you move.
You can continue to file against Utah, as long as you continue to meet the eligibility requirements. Utah state laws state that
1. You must change your address/phone number immediately by logging in at jobs.utah.gov/ui/continuedclaims and selecting “This is you and the above information is NOT correct”.
2.You must register for work in that state within three business days so that state may assist you in your work search.
3. You will still be required to keep an accurate record of all employer contacts and the information can be requested at any time.
Source: http://jobs.utah.gov/ui/Fraud/FAQ.asp
I have been under a disqualification period due to me leaving my last employer voluntarily, It has been officially 12 weeks, How long is the disgualification period? I thought it was 8 weeks but apparently its not. Could you please respond back.
Linda – in which state are you filing for unemployment? Unemployment benefits rules vary in each state, but as far as I know most states do not let you claim benefits if you quit your job voluntarily. You should call your state unemployment office to find out if there is a different rule.
can I receive benefits if I am “dischargered” from employment
Allison – Not sure what you mean by “discharged” from employment. If it is an involuntary separation, you are eligible to receive benefits. Check with your state employment agency website for eligibility criteria.
I quit my job, mainly due to down sizing and the employer expecting me to do a job that normally took 2 people. Then getting yelled at for not being able to keep up!
Since I quit, do I qualify for umeployment benefits?
Thanks
Pamela – I am afraid they are most likely to turn down your unemployment application since it was not imposed by the employer.
I just moved to Michigan because of my husband’s job change. I had to quit my job in Utah. Unfortunately I have been unable to find a new job in MI. Do I qualify for unemployment benefits?
Tammy – since you quit the job voluntarily you may not be eligible unless you can prove that you lost the job due to employers inability to keep you on the job.
My wife put in her two weeks notice to quit August 20th. Her boss kept her name on the schedule through the 28 saying, “He wanted to be able to put the new person into her same schedule”. He then came to my wife on the 17th and said, “Just go ahead and leave today”
Would my wife be eligible for any unemployment? The decision to leave was voluntary, but she was “let go” several days earlier than the voluntary date.
because she put in a voluntary notice to quit I am almost certain she is not eligible to receive unemployment. HOWEVER, I have been told that the employer is required to pay her through the 20th. When a 2 week notice is given, the employer does not have to accept it, but they are required to pay it if they choose not to accept it.
Pamela-I went through a similar experience and actually was deemed eligible…you should still contact unemployment and plead your case. They may decide in your favor.
This place I was employed with came up with a point system that only allowed u to obtain 16 points. I went beyond these points and I was still employed. I advised the employer that I was pregnant then I got fired they say due to my points
I cant believe i just got fired for telling the owner of my restaurant i didnt like the the direction things were going saturday night over drinks…then tuesday i go in and they tell me im fired,this is crazy ive never been fired in my life..am i eligible for unemployment??
Matthew – you should be able to file for unemployment as you lost job for no fault of your own. Just apply for it and check yourself.
I was working in North Caroline and moved to a neighboring state (my job moved with me). 3 weeks after I moved to my new residence, I was laid off. Do I file for unemployment in North Carolina or my new state of residence?
Donna
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.
I lived in Tennessee and was fired from my job in June. I now live in Alabama. Would i be qualified for unemployment and which state would i apply in?
Lauern – Yes, you do qualify assuming you have earned enough wage credits to get the benefits.
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. So that means you should claim your unemployment in Alabama. Hope it helps.
I had put in my 2 weeks notice at my job. I had been called in on my day off 1 week before i was supposed to leave. I could not come in and my boss said if I dont come in that i am fired. I didnt come in and he then fired me. I had let my boss and the owner know ahead of time that i absolutely needed my 2 weeks of work before i quit. I still had one week left to work. Am i able to still recieve unemployment benefits?
Daniel – Since you will be able to justify this as an involuntary separation, you should qualify for unemployment benefits, provided you meet other criteria such as minimum wage credits etc.
i do not have ged but have worked for 20 years do i meet eligibility requirements
Madison – Benefits are paid regardless of your educational qualifications. As long as you meet other requirements, you should get the un employment compensation
I have been on unemployment in California for five months. I have a potential temporary job that would last four months.
I would like to know if I could open a new unemployment claim at the end of my four month assignment if I am unable to find either permanent job or another temporary job.
I read about a woman in Michigan who was unable to file a new claim after being on unemployment, found a job but was laid off five weeks later. Thanks.
Peter – It depends on the State rules. You might need to contact California unemployment office. My guess is that you are eligible to receive the benefits although the amount will be less since you would not have made lot of money in the last 16 months when you re-apply.
I have a question my employer took me out of my job position after i returned from a 5 month short term disability leave and forced me into another shift with lower pay. If i quit and refuse the lower paying position will i be eligable for unemployment?
Troy – Employment agency might consider it as a voluntary separation. However, most states allow you to claim the benefits if you quit due to hostile work environment. If you can justify the separation as forced then you will be able to claim unemployment insurance. Rules aside, the job market is still bad, so you may not find work soon. I would negotiate and continue with the current employer unless it becomes absolutely necessary to quit.
We live in Florida. My husband worked 2 part-time jobs until April 2009. He then got a full-time postion but was laid off after 3 weeks with 24 other people. He applied for unemployment was denied because he left the 2 part-time jobs voluntarily. We went through the appeal process and was still denied. No work from May until Aug. In Aug got a temp position and looks like assignment will end next week. What is the base period? He also has worked a lot of overtime so we’re not sure of total salary for this assignment it will be close to the $3,400 amount needed during a base period. (It’s the same agency he worked with where he was let go with 24 other people)
I lived in texas and was employed, my husband had a job offer in another state. I gave notice and moved to CA. CA said i had to file through TX and have case transfered to CA. TX was impossible to get on the phone so i filled online, The only option for why i no longer worked for my employer was to say i quit or was fired. Well neither were the truth but quit was the closer so i chose that option. They denied my claim stating that i quit for personal reasons. I have appealed 3 times but has not helped. They now say if i want to pursue it further i must file in civil court. I have no idea were to start or who to sue. CA? TX? small claims court? civil appeals? any ideas would be appreciated.
Meghan – Definitely you need to appeal in one of the courts in Texas. Voluntary separation are not eligible and make sure you can prove that you did not quit voluntarily. You may have to spend your time and money if you appeal in the court. Here is a link to the list of Court locations, but I am not sure if you need to file with a county court or one of the 14 court of appeals.
http://www.courts.state.tx.us/courts/coa.asp
I was on unemployment for almost a year when I took a retail job with a low hourly rate with a ‘promise’ of lots of commission. The store has now CLOSED and they don’t need me but it’s been a lot less organized than when I was originally laid off last year. I basically have to tell the owner he’s responsible for providing the DOL with the correct info. I still have several months available to me, but I’m worried I won’t be able to get back to my original unemployment payment amount. Any thoughts, this is super stressful??
Ray,
I was working full time and post baby I have moved to a Part Time position. My employer is telling me that they need me to work full time. I cannot commit to a full time schedule. If I tell them I can only work my current PT schedule and they lay me off because of that, am I eligible for unemployment benefits? I would not be voluntarily quitting my current PT position. Thanks.
Laura – yes, I think your case will not be considered voluntary. Make sure you keep the records and any proofs necessary.
Jill – I am not sure I understood your question. If your concern is about the payout amount, check your state unemployment website. They will provide information that explains how your benefits are determined.
I worked in NJ for 2 yrs I quit my job & moved to FL due to health reasons & stress. I was on FMLA for a few days after months of testing & no conclusion as to the cause of my issue by 3 physicians. I exhausted my sick, personal & vacation time & was told if i didn’t return to work I would be fired so I quit.
I had a 6 mnth contract in FL & was fired am eligible for unemployment I received a letter stating “NJ returned our request for Transfer of wages (IB-4)” & that I qualify for more money in NJ than FL & should cancel my FL claim then wait for FL to tell me when to file in NJ. This sound like I have to start the process all over again can NJ deny my claim because I wasn’t fired? If NJ already transferred the wages why didn’t FL add all the monies together. Why are they suggesting I cancel my FL claim & file in NJ. Is this some kind of trick? Am not sure what to do
Kerry – To me it appears NJ rejected FL’s request to transfer wages but it is hard to tell based on that one line comment. Since your lost the most recent job through no fault of your own, you should be eligible to claim benefits in any state, but I would talk to NJ as to why they don’t transfer wages.
Long story. I am receiving unemployment in IL because I was let go at a job where I earned a high salary. In the meantime, I checked with unemployment to see if I could accept a part time job to help supplement. They said yes and explained the earning limits. I worked a few weeks in retail earning $9 per hour, but quit due to the part time employer wanting me to work full time and did not want to adjust my hours back to the part time I had been hired for. That job was never intended to be my next career. I reported my earnings when I did my certification ( which were within the acceptable limits), but now a question has been raised regarding my eligibility since I voluntarily left the part time job. I am so concerned because that job was not full time and not the basis for my unemployment claim. What can be done? Can they deny my benefits now? Thanks.
I was working working part time for a year and half, then got a second par timejob two months ago and yesterday I was fired with my first part time. Can u file unemployement if u still have another part time..
jojo – Most states let you file even when you have a part time job. Benefits amount they pay will be reduced depending on how much you are making.
Can anyone help with my question? Post #38 above? Thank you.
DeeDee – My understanding is that part-time employers don’t pay unemployment taxes for their employees, so technically it is not a covered employment when it comes to determine eligibility. So you should be fine. However, some states may consider it differently, so I am not 100% sure about it.
I had to quit my job to accompany my spouse to his next military assignment in Korea (per his official orders from the AF). I was denied benefits based on 35A-4-405(1). However the end of R994-405-104 specifically states that “If the claimant’s employment is contingent on the spouse’s military assignment and the spouse is reassigned, the separation will be considered a discharge.” I appealed the initial denial & was again denied benefits. The ALJ’s decision did not explain why the rule I cited above does not apply to me. Can anyone clarify the denial?
Ray – I did not work all of 2008 as I was completing my studies. I started working fora seasonal hourly job in February 2009. They let me work for two weeks 25 hours each and after that they never scheduled any hours for me. When I asked for hours they replied me “no hours are available right now”. So I took up another permanent full time job in third week of March for an annual compensation with monday to friday Schedule. Unfortunately I am asked to go during the third week of October .I live and worked in Florida.
My question is -”am I eligible to apply for the benefit in November 2009″ ( No work during fourth Quarter of 2008) or I will be eligible to apply only in January 2010 to meet the base period requirement?.
Jill – Not sure why was it rejected, you may need to contact them again. Tell them that you will file a law suit if you don’t get a reasonable explanation. If nothing works, you can indeed file a case with Civil court against the agency. Also try contacting local Congressman.
Jincy – You should file your claim as soon as you become unemployed. You are right, based period will include previous closed quarters. In Florida, I believe you must have worked 2 out of previous 5 quarters in the base period. So nothing stops you from applying now.
I previously wrote regading my husband’s benefits. He worked for one company part-time got a full time position so quit part time job. New job got laid off after 2 weeks. Denied FL unemploymnent. He still worked 1 day a week for a second part time job. Then he left that job to go to CT for interviews. I got sick and he came back to FL. He then worked as a temp and made over the $3,400 amount needed. Now he’s being denied because he left the 1 day a week job in June. Had no job until Aug and was temp. Temp lasted Aug 30 – Oct 26. Why is he being denied?
Sue – sorry to hear your situation… Unfortunately, I cannot tell you what was the reason FL rejected your claims. You seem to have a valid case.
I have been laid off so I can collect unemployment, but where do I file. The company is in NY but I live in FL and work via remote access. I have been getting conflicting information. FL unemployment says to file in NY. I cannot get a person to talk to in NY to confirm this. Please help.
Joyce – As per the federal guidelines, you should file in FL. But if FL is asking your to file in NY, I don’t think you can do much. You should probably apply in NY or try to contact them when their lines are not busy.
Hi! I am (or was) an interstate truckdriver. Rec’d UI benefits in Maryland for 26 weeks and now have to exhaust benefits in Kentucky before receiving extended benefits. Here’s the problem: Maryland found that I was eligible because my resignation was with fault on the part of the employer. Kentucky has found that I am ineligible due to voluntary quit, finding no fault on the part of the employer. Can two different states have different decisions? Also, since KY is denying claim (I am appealing), can I go back to Maryland saying I’ve exhausted?