Unemployment Benefits Eligibility

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
  3. Unemployment Benefits

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

{ 156 comments… read them below or add one }

1 Michele November 8, 2009 at 9:26 pm

Ray,
I have previously collected unemployment then I started a new job that was temporary and have now reapplied for unemployment while I look for new work. Here’s where it gets tricky, my temporary employment was in Florida but I applied in NY because I moved there with a friend after my job was complete. I took some interviews in California where I have some family connections. Things are going better here and Ive been offered some 2nd and 3rd interviews but I got a letter that I need to go to a peer meeting in NY to continue to collect benefits. Should I fly to NY for a quick day between interviews to take the meeting or transfer my unemployment to California?

Thanks!

2 Linda December 4, 2009 at 2:33 am

My husband worked for a State of Michigan Mental Health Hospital that the State of Michigan closed recently for budget cuts. He was employed there for 27 years. He was eligible for retirement, so he unwillingly took early retirement. No severance pay was given only his small amount of vacation and sick pay was given. He does receive a small pension. We were told he possibly would be eligible for unemployment benefits, which he filed a claim in August 2009 and has not heard an answer about. He calls or goes on-line every two weeks on his specified day. When he has called the Lansing Unemployment office, they tell him that his paperwork is near the top and that it will be about three weeks before they will know anything. They have told him this same story three times. Does anyone have any suggestions who to contact to get to the bottom of this? Our bills are piling up? Does anyone know if this is even possible to get unemployment benefits if you are retired but did not receive a severance pay?

3 Ray December 6, 2009 at 11:15 pm

Linda – Generally, unemployment benefits are not going to be made available if you have quit voluntarily although there are some exceptions such as hostile work environment etc. In you case, the state dept. might be able to prove that your husband quit the job on his own, but I could be wrong. I would wait and see.

4 Matt December 7, 2009 at 9:58 am

I was terminated today from my job. However, I do some part-time work as an independent contractor. Will I be able to qualify for UI?

Thanks,

Matt

5 Ray December 7, 2009 at 5:46 pm

Matt – You should definitely file for UI. Most of part-time work assignments are eligible, but they will reduce the benefits you receive.

6 Jason December 8, 2009 at 1:56 pm

I was informed today that I was being demoted from my position as the company is going thru changes. Since its a lower income position, can I turn that position down since its not a lateral job move and file for unemployment?

7 Romelio Ramirez December 10, 2009 at 11:04 am

How old does a case have to be to re-open? Anyone have any idea.

8 Steve December 10, 2009 at 12:52 pm

If my national supervisor is making my job difficult by making demands that seem
unfair compared to what he is asking of other manaagers, is that a hostile work enviroment ( ask me to work alone jack hammering concrete and doing hard physical labor while giving another manager assigned less physical jobs a staff of 5)
They also ask my wife to take a leave of absence and not to file for unemployment since they provide housing as part of our wages, is this legal.

9 Ray December 10, 2009 at 6:57 pm

Steve – If you have substantive evidence to prove, then you might be able to get unemployment benefits. However, you should consider other factors too. Even if you get UI, it won’t cover your living expenses. You may not find another job quickly. I would quit only if it is very very hostile. Also start looking for new jobs. Don’t quit the job assuming UI will cover you.

10 Joe December 17, 2009 at 9:50 am

I am collecting unemployment benefits in NY, but am planning to temporarily move to California to seek a job. My last job was working from home, and I hope to find a similar job in California then move back to NY.

I have heard horror stories of people not getting unemployment benefits in a timely manner from California. Should I transfer my claim from NY to California, when I know I’m returning in a few months? If I do transfer my claim, will my benefits still come from NY? California doesn’t have direct deposit for benefits, but NY does.

11 Ray December 17, 2009 at 9:03 pm

Joe
It sounds like you are not relocating. If so, you are better off getting UI from NY state for now. As you are getting electronic payments, even the mailing address won’t matter. Moreover, CA might have to work with NY to get your benefits transferred and that might add unnecessary delays.

12 Don December 23, 2009 at 2:18 pm

I got let go from a position because my father passed away and I had to stay in Michigan to settle his affairs as the employer claimed hardship. I took a temporary position several months after I got back to Georgia which lasted about 6 months. The position has ended and I have filed for unemployment and GA has been paying me for about 2 months. I now received a notice that the temporary employer has filled an appeal. Do I have something to worry about or that I need to be careful to phrase correctly for this appeal phone interview?

13 Laura December 26, 2009 at 1:08 pm

If you get SSI and disability but were working, are you eligible for unemployment? I was working a part-time job which just ended. I am also getting SSI and disability. I was just laid off. Can I apply for unemployment?

14 Ray December 27, 2009 at 11:11 am

Laura – General rule is that UI does not cover physical disability, but you may want to check with your state to be certain.

15 Don December 27, 2009 at 9:38 pm

I’ll try again: I got let go from a position because my father passed away and I had to stay in Michigan to settle his affairs as the employer claimed hardship. I took a temporary position several months after I got back to Georgia which lasted about 6 months. The position has ended and I have filed for unemployment and GA has been paying me for about 2 months. I now received a notice that the temporary employer has filled an appeal. Do I have something to worry about or that I need to be careful to phrase correctly for this appeal phone interview?

16 Lance December 28, 2009 at 4:36 pm

I quit my job as a cdl truck driver to take another cdl job. I was not told that the new company hiring me would require a new dot physical. I quit my job 12/3/09 and went to the orientation on 12/8/09 in Idaho, I live in Montana. When I took the physical for the new job my blood glucose levels exceeded DOT requirements. So could not start tne new job and I cannot work at my old job.

Am I eligible for unemployment.

17 Ray December 28, 2009 at 4:50 pm

Don – I am not how the rules are applied to your case. Please contact state agency. If their phone line is busy, try if you can get hold of their email address.

Lance – Your situation is tricky. You should keep all the records and apply for
benefits anyway. You have lost your job through no fault of your own, so they might consider this as a special case. Did you contact the old employer to find out if you can have your job back? If they so no, keep records of that too.

18 Kim January 4, 2010 at 1:09 pm

I work 2 jobs and lost one of them can I file for unemployment because my income has been dropped to less than half of what it was?

19 Kim January 4, 2010 at 1:19 pm

I also should have asked if there is an amount I can make at my second job that disqualifies me from collecting UI or what is the most I can make and still be eligible?

20 Ray January 4, 2010 at 5:28 pm

Kim – If you can prove that your job is not full-time employment, then you have a chance. It depends on the State laws as well.

21 Ann January 6, 2010 at 3:40 am

I applied for UI but was on put on disability shortly after I lost my last job. I am no longer on disability. I had a phone interview and the person told me he wasn’t sure if I qualify for UI since I earned money on disability since my last job. Now I’m waiting and wondering if I will qualify…Any idea??

22 dan January 6, 2010 at 10:03 pm

Hello I recently started truck driving after being unemployed and michigans no worker left behind program provided training. But only worked 1 full day in the past month due to truck being broke down and company giving the running around to fix it and expecting me to work in unsafe conditions. Will I be able to quit and continue unemployment?

23 Ray January 7, 2010 at 1:20 pm

Dan – if the working conditions are hazardous, then you will qualify for UI, but make sure you read the documentation on your State’s unemployment site thoroughly before you quit.

24 Lee January 13, 2010 at 10:29 am

Ray,

My employer offered me the option to reduce to part-time employment at half salary. If I refuse, I loose my job. Do I qualify for unemployment, or does this count as “refusing work”?

25 mike January 13, 2010 at 6:28 pm

Hello, My company was shut down at the beginning of December 2009. I claimed my weekly UI for the 2 weeks I was unemployed. I received one claim. Since then I was offered a job and tried it out. During that time i received a check for one week that I worked, which was less money than my claim. I have not claimed since the ending period of 12/13/09. I am leaving this job due to the fact that the commute is too far and it is a commission based pay. The check I received was a ‘draw’ check which I would have to pay back at the time of the commssion check. Can I still claim my UI if I leave this job and look for other work? I appreciate the help, thank you.

26 virginia m latrenta January 14, 2010 at 12:09 pm

question……I filed for my weekly unemployment benefits on line……I got a ‘RED” flag on one of the questions……(5a, 5b?) I went back and looked at it and it seemed to be o.k. I submitted the questionaire but did not get a report as to home much my check would be, or a confirmation number……I filled out another form and sent it to a Authorization center to tell them of my problem. Will that stop me from getting my weekly unemploynment check? Tried to call several numbers (for days) but was not able to reach a “live” person. Can you help?

27 Jessica January 14, 2010 at 1:17 pm

If I have retired from my job and decided to work part-time somewhere for some extra money and I was fired, am I allowed to collect Unemployment?

28 Jennifer January 14, 2010 at 1:27 pm

Hello. My husband was informed that he will be transfered to another job site that is roughly 3 1/2 hours away from our home. My state website claims that they do not require a person to relocate in order to accept a job, or to continue a job when the employer relocates beyond a reasonable commuting distance. Can you tell me what is considered to be a reasonable commuting distance? Thank You.

29 Ray January 14, 2010 at 7:08 pm

Jessica – it is not so straight forward. My guess is that you won’t meet the criteria, probably because part-time jobs generally do not earn UI credits.

Jennifer – 3.5 miles is not definitely NOT a reasonable commuting distance! You should be fine.

Virginia – not sure I understood your question completely. I think you should wait. It appears they have your application.

30 Laurie January 16, 2010 at 6:53 pm

I was forced to resigned from my job in MI on December 18th because my husband company relocated him to NC. He has been in NC for 10 months but I relocated with him on December 28th. Would I be able to collect unemployment in NC. I’ve tried to find a job since I’ve been here, but no luck yet. I’m just wondering if I should apply for unemployment and would I get it.

31 Ray January 17, 2010 at 10:55 am

Laurie – If you have resigned from your job for family reasons, then I believe it will be considered “voluntary separation” in most states. You can apply and find out if your situation demands UI

32 Aimee January 18, 2010 at 9:36 am

The Financial Planning company I work for merged with another firm last year. The new partner was brought in as Managing President. There are alot of changes going on and he wants me to go to full time hours. I currently work 75% of the full time hours other employees work. I do not want to work more hours. If I leave can I file for UI?

33 jeff mayer January 19, 2010 at 8:03 am

Husband owns a third of a business and it has to close, will he be able to collect unemployment. Thanks.

34 Aime January 19, 2010 at 2:36 pm

My job is being given to someone who previously held my position and has been demoted out of his current position. With this, I am being told I will be displaced down to a part time position in place of my current full-time one. I’m not happy with this option and losing bennifits that I currently have. Can I turn down the part time position and still qualify for unemployment?

35 J January 19, 2010 at 7:24 pm

I plan on going to college full time. How can i prove that i am seeking work, because i need to go to school. and why would that disqualify me.

36 Jasmine January 19, 2010 at 7:37 pm

I was downsized last year in New York and have been receiving unemployment. I recently relocated to Chicago and it is time for me to refile for unemployment benefits (it has been a year). Will the fact that I no longer have a NY mailing address and reside in another state be a problem for me to continue to receive benefits from NY (as they ask these questions on the online form)?

37 Deona January 20, 2010 at 1:53 pm

I have worked for a convience store for the last year and a half.
Another coworker is being verbally abusive towards me and making my job a living night mare, and she is best friends with my manager, we both got called into the office because I told her she needed to mind her own business, my manager sided with her and I was told I would be fired if things didn’t stop between me and my manager’s friend. If I do get fired will I be eligible for unemployment in the state of missouri?

38 Jon January 20, 2010 at 2:30 pm

I was currently offered an hourly position within a school. Its a 10-month position and i would not be able to work for 2 months in the summer. Would i be able to collect unemployment for those 2 months??

39 KEIONA January 20, 2010 at 3:53 pm

I RECENTLY WAS TERMINATED FROM MY JOB BECAUSE OF AN ALTERCATION WITH ANOTHER EMPLOYEE WE HAD AN ARGUMENT AND SHE STARTED THIS ARGUMENT, I WAS THE ONLY ONE TERMINATED. I AM 5 MONTHS PREGNANT . OUR POLOICY IS 0 TOLERANCE AND BOTH PARTIES ARE SUPPOSED TO BE TERMINATED NOT JUST THE PREGNANT ONE. THERE REASON IS MISCONDUCT WILL I BE ELIGIBLE FOR UNEMPLOYMENT? THERE WAS NOT A FIGHT ONLY A ARGUMENT.

40 debbie January 20, 2010 at 5:10 pm

I have been collecting Michigan’s Unemployment since April 2009. I accepted a new “on call” position end of Nov, during most of December, I was being “trained” for the new job and had almost full time hours, thereofre, I did not file a claim for four consecutive weeks. I just called St of MI Marvin to file unemployment for the past 2 wks, at the end of the call, Marvin normally would tell me my chk amt & that it’d be direct deposited to my acct the next business day. Today however, he mumbled something about chking my eligibility and if I was eligible, they’d mail my chk w/i 10 business days – of course I can’t get a hold of a real life person w/St of MI and am stressed out – please tell me this doesn’t mean they won’t pay me any more!!??

41 Ray January 21, 2010 at 8:48 pm

Aimee – If your employer reports it as voluntary separation, then you mibht become ineligible.

jeff mayer – If he has earned wage credits or paid unemployment taxes from his company for his position, then yes, he would be eligible.

J – Unemployment law states you should be willing and able to work full time. Going to school full time will probably make you ineligible unless you can prove that it is a part time thing

Jasmine – you should be fine.

Deona – Hazardous work environment is a valid reason to quit, but your case might be considered a workforce politics unless it is physically or mentally abusive and you can prove it somehow

Jon – You will be able to collect benefits even if you work part-time

Keiona – If the employer reports it as misconduct, sorry it would be hard for you to collect UI

42 Jerry January 26, 2010 at 6:04 pm

Hello,
I am recieving unemployement benefits in Tennesse, and have recently begun attending a technical college in Mississippi, but for only 4 hours a day. I was encouraged to to do by the unemployement office, but have now been informed that I may lose my benefits now. Is this true? I have been and am still looking for work, only I’d like it be around my school time now.

43 Karen January 30, 2010 at 7:36 pm

I have been collecting UI in South Carolina since the 3rd week of Oct, 2009. I have been actively seeking full time employment. I received a notice that I have to report to the UI Office on 2/4 and bring the completed form with my list of places that I have applied at. SC requires you to “actively seek full-time work on your own behalf in a suitable occupation.” Can you tell me how many is considered “actively seeking”??? I search the websites everyday, and send my resumes for the ones I am qualified for and put them on the list, but it is only an average of 2-3 a week. I do follow up on the resumes that I put out too.

44 Dennis February 6, 2010 at 12:29 pm

——————–Please Read This, I know it’s a little long————————–
My son is 27, he is married and has five children, he had been with the same job for about 4 yrs. and his employer health had gotten pretty bad off, my son got a phone call late one night from the secretary letting him know that his employer had passed away, the job shut down for a few days, and my son went on back to work after those few days, and the brother of the gentleman who had passed away was there (the new employer), my son had been working 40-65 hrs. a week, a few weeks after the brother had taking over the business, my son’s working time had gone down to 6-8 hrs. a week, he talked the secretary at the job and told her that brother seems to dislike him, he told her that when the brother came into the company after their former employer had passed away, was the first time he had ever met the brother and that he came into work one morning, the brother like most mornings before, began passing the work orders out, the drivers would get into the pump trucks and go to the job sites that were on the work orders, the brother would tell him, well no work today see tomorrow, my son told her that he was going to the car and before he could get to the car it hit him, he needed to know why this man disliked him so much, he said the brother heard him walking across the gravel and turn around and gave him this look as if to say you do better not come to near me, so he told her he probably do better to find employment else wheres, he told her there were kids at home he need to care for and couldn’t live on those kind of hours, the secretary told him he could draw unemployment for every week that his employer cut his hours, she told my son that either he’ll give you more hours or fire you, it’s better than quitting you’ll still have an income while you look for employment.
Needless to say my son took her advice and went unemployment office explained to them that for the last few weeks he not allowed over 8 hrs a week and that he has dependents at home that depend on him because he is the only source of income , they contacted his job, his employer told them that work was slow and he had no problem with him drawing unemployment on slow weeks,
the following week he didn’t give my son any hours, mean while my son began looking for a another job, every morning he report to his job, his employer would tell him no work today, guess i ‘ll see you tomorrow, he would leave there and turn in the applications he had pick up the day before, i believe it was the week he was suppose to get his first unemployment check, that unemployment office called him and tells him that his employer had called them and told them that he had work for him to do, but he couldn’t contact my son, he had not been reporting to work and thinks he quit.
The unemployment office had my son come in to talk with one of there agents,
he talked with them and told them how long he been with company, about what had happen with his former employer, what was and still is happened since his brother took over, and that he had ask the brother if he mind calling him if he had any work, that coming to work and not getting any hours in was taking a toll on his funds at the gas pumps, the unemployment office told him they would review the case and let him know if he were approved, he in turn asked the agent, how is it that my employer can tell you all one day you can approve it and then another day he decides to change his mind and tells you all not to approve it, the agent told him the brother has that right.
My son for ten weeks called the unemployment office to see if they had or had not approved him, it all began with them telling him that they were still review it, than it went to, that they had sent it to Columbia, SC, and then they were still waiting for Columbia to approve it, just be patience, if they approve you, they’ll send you a check for all the back time, meaning from the time you applied to the time your approved.
Well you’ve read this far and i know it’s a little long, and Thank you for reading.
Like i said early, my son waited ten weeks or better and he was out of money, i took money to him & his wife for almost two months, to pay his bills, gas and so on, trust me if i had to do it again i would.
Well ten weeks went by, before he ever got an answer from the unemployment office, their words were you have over $8,000.00 dollars in your unemployment account, you have been approved to receive unemployment benefits, you’ll start receiving your checks in the amount of $310.00 dollars a week for x amount of weeks..
My son waited ten weeks to be approved, ok. Now they told him he would get his back time if he were approved, which would be $310.00 x 10 weeks = $3100.00.
Now to begin, he has a little over $8000.00 dollars in the unemployment account, so we take $8000.00 – $3100.00 = $4900.00.
Now we did the math, he’s got $4900.00 dollars remaning in the account to draw his weekly unemployment checks off of.
Now he’s got a back time check of $3100.00 dollars
Now the unemployment took the $3100.00 out of his account and that was to be sent to him for the back time.
Ok, here is my problem they, approved my son for the unemployment benefits, they are sending him weekly checks of $310.00 dollars, ok,he has in his unemployment account $4900.00 dollars.
Now unemployment approve my son and took the $3100.00 dollars out of his account, rather then them sending him his back time for the wait of ten weeks, THEY TOOK IT FROM HIM, so that $3100.00 dollars that he was suppose to get, HE WILL NEVER SEE IT!
My son’s friend also file for unemployment benefits, they toyed with him for nine weeks, approved his benefits and the nine weeks they owed him for back time they also took from him.
——————HOW IS THIS POSSIBLE ?———————-

45 Kavita February 6, 2010 at 8:24 pm

I just received a letter, if you are going to school. You are not able to collect unemployement.

Is this true.

I been attending classes, before I was laidoff. I been going to On-line school, can i still collect unemployment.

46 kelly February 10, 2010 at 12:19 am

Hello.
I was working in management for a major company in my home state. My husband also works for this company and is in upper management. He transferred to another state for a promotion and I also got to transfer at the same management level I had. Due to family issues, we transferred BACK to our home state. My husband took a demotion but shortly got back where he needed to be for us to “survive”. However, I had to take a demotion to an hourly position which was very hard to do after being in management. The position I finally ended up with was working 12 hour shifts EVERY WEEKEND. This position caused so much strain on my family, I quit. My husband believes that I am eligible for unemployment since it has been 5 months since I left and am still not finding work in a town that is very political and you have to “know people” to get a job. I have had many interviews and gotten nowhere even though I am sometimes over qualified for the positions. Am I eligible or am I out of luck? I have tried to contact the employment office in our area and left mulitple messages just to get questions answered and they have not returned my calls. Yet again…it’s who you know and I don’t know anyone. Currently I am working as a subsititute teacher but average about $200 – $300 a month in income. Prior to moving I made more than that per week. Please let me know. We are stuggling to make ends meet.

47 cathy walker February 10, 2010 at 9:18 am

Hello. A close relative of mine has been unemployed for two years. He quit his job under extreme stress at work, and was denied unemployment benefits because he had (in hope of a good reference) written something positive about his previous employer, and this was used against him. Later he was diagnosed with a serious physical illness, one which had added to his stress and clouded his judgment. leading to his giving up his job. That illness is said to be cured by surgery,which he has now had. But he is still unable to find work, and in danger of losing his home. Is there any way he can re-apply for unemployment benefits, or is there any other remedy for people like him, who have remained unemployed for years, after an initial denial of their claim for unemployment benefits? Thank you.

48 Tamra February 12, 2010 at 9:52 am

Hello. A friend of mine is a purchasing Agent. She developed a bad reputation in highschool, which somehow leached out into her job. The salespeople/suppliers who provide products to the company she works now have this knowledge due to spread of the rumor and brought it to her current employer. Her boss/employer now doesnt want her in the position as a Purchasing Agent; and salespeople are spreading the rumor to the other co-workers(buyers), leaving behind a hostile work environment. Her entire career is ruined, and she would have to retrain. What rights would she have if she quit?

49 Deborah Butler February 18, 2010 at 1:12 pm

I am about to complete my first extension of unemployment benefits. I am told my last check falls just before the cut off so I am in a gray area. I am told I will receive a letter telling me whether I qualify or am elligble for a second extension. I worked at my same company for 4 years and they layed me off last April 2009 due to a cut back in the work force. I am wondering if I qualify for a second extension and what are the eligibility requirements. I can’t seem to find any information on line. Can you help me?

50 ken February 23, 2010 at 3:39 pm

I have 2 jobs, one full time, 40 hrs a week, and one that I work about 4 hours a week. I just got laid off from my full time job. Am I eligible for benefits. I am in Michigan.

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