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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@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.
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?
@Joanne – Yes, part-time employment is generally not an issue, but the benefits you will receive will be reduced based on your pay.
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?
@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.
My husband owns his own business.. I do office work for him, His work is seasonal can i draw unemployment in the winter if my name is not on the business?
I work part-time at 20 hrs. a week. Lately I have only been working from 4 to 8 hrs. a week. I am on disability from social security. Am I elegible for workman’s compensation? I have been working for 1 1/2 years.
I work part-time at 20 hrs. a week. Lately I have only been working from 4 to 8 hrs. a week. I am on disability from social security. Am I elegible for unemployment compensation? I have been working for 1 1/2 years.
I was laid off of my job in Accounts Receivable. I took a job through a temp agency in the same line of work. After 2 days, I relized due to MS and High Blood Pressure that I physcially could not handle the job. My benefits stopped. I do have Physicians whom examined me and have stated that I cannot work under that kind of stress. Any way of getting my benefits back?
@Brenda – you must be on the payroll and must have met other eligibility criteria such as min # of weeks worked, wages earned etc.
@Pat – you might get the benefits, but some states have different laws if you are on disability. But if you can prove that you are willing and able to work, it should be fine.
@Kathy – You seem to have some proof that might come to your rescue. You should talk the the State. If they don’t agree, you can make an appeal again.
I was fired last year and my employer contested my unemployment benefits. A hearing was set, and the judge ruled in my employers favor. I did not appeal.
I am still unemployed. Can i apply for unemployment again? For extenuating circumstances or something?
thanks
I have had a small Physical Therapy clinic in Illinois. It was a corporation, and I owned the only stock in that company.
Because of the cut in reimbursements, and the economy in general I have had to make the decision to close my business.
I live in the State of Wisconsin.
Am I eligible to file for Unemployment Benefits as I am unable to find another job in my field at the present time.
I do qualify for all eligilbility reguriments. My phone interview was yesterday. Any feelings on this out there?
I have worked in Elkhart IN on and off for the past three years. I have been drawing unemployment benefits from Indiana. My benefit period is almost exhausted, My last employment dates are September 16th until Jan 28th. I was unemployed for an extended time before that. according to the calculation table, I would not be eligible to file a claim on my latest employment until October of 2010, because I has no qualifying wages prior to this (living on unemployment). If October is the first date I would be able to apply with qualifying wages. I would have drawn unemployment benefits from another state within the last 12 months, I am confused, and concerned that I will not be able to find work within the next 8 weeks of benefits I have left from Indiana. What are the rules regarding claiming benefits – I have lived in Michigan, all my life. I was told I had to claim unemployment in Indiana because that is where I worked. According to the Mi site (here) I could have/should have filed in Michigan. My first filing date in Indiana was 2-3-208, I have had two jobs since, each lasting about 4 months. I am currently on the final federal extension.
I’ve been working since November of 2009 for Macy’s and Popeyes. Effective January, I worked for Sodexho and Popeyes. I will be on summer school leave effective May 7, 2009 for Sodexho, my supervisor informed me I can apply for unemployemnt, but my mom says I have to work a certain number of months, in effort to apply for benefits. Are you ablt to assist me with this?
My hours were cut from 40 hours a week to 20-25. I lose my benefits as of March 31st. According to COBRA, I am not eligible for the 35% because I am still working. If I quit because it is only half the hours, am I eligible for unemployment and COBRA? I cannot live on half my pay.
I work 30hrs/wk for a chuch which is non-profit and has tax emempt status. Next month they plan to eliminate my current position. Our accountant said I would not be eligible for unemployment benefits because the church is a non-profit organization. Is this true or would I be eligible for unemployment benefits?
@ Yvonne – Your accountant is right. Non-profits don’t pay unemployment taxes and hence employees are not eligible.
I have worked for a company for 23 years and have recently gotten married and he lives in another state. We have tried to commute back and forth but with the kids and maintaining two house holds I will need to quit my job and move to the other state. Will I be able to get unemployment benifits?
@June – no, that wouldn’t make you qualify for benefits
I am currently working full-time and I go to school at night for Nursing, my clinicals will be starting during the day in September and I’m not qualified to take any positions that my job has open at night. Will I be eligible for benefits??
I recently took a job after receiving unemployment for a short period of time.
The job I took is not what they told me so I want to quit. Can I get my unemploynment benefits back from my previous employer?
I am currently on maternity leave but have decided that I don’t want to go back to my previous job and will be notifying my employer of the decision to quit next week. I receive cash assistance for families (TANF) through the DHS office, but would I qualify for unemployment benefits in Oregon as well?
@Kari – I don’t think you will qualify as you are quitting voluntarily.
@Beth – if you have substantial proof that it differs from teh previous job and you are overqualified for the new job, then you can make a case.
My work hours have been reduced from 40 hrs to 20 hrs per week. for 20 hrs pay i net 671.00. do i qualify for benefits
I had to give up my job due to pregnancy complications. I was medically certified. Can receive unemployment? According to disability policy, you can only claim disability if you are incapacitated for a year or more. I am only incapacitated for 6 months at the most….
I was laid off in December from a good job in IT when my job was eliminated. I had worked there over 25 years. I’m currently on unemployment, but may have the opportunity for a temporary job (3 month contract) in a different state. Here’s my question: Once the contract ends, can I reopen the original claim? Or, do I have to open it under the contracted job? No matter what, I will end up getting the maximum because the hourly rate is similar, but, the issue is that the other state has a lower rate of maximum unemployment compensation than the state I live in (I know this for a fact). If I end up having to claim under the contracted job, I’ll also end up getting $100 a week less. So, now I’m concerned that if I take such a short-term contract, I’ll end up getting $400 a month less when the contract ends.
Ray,
I was collecting UI benifits for a month when I took a 1 year temp position 46.5 mi away. Now my 1 yr is up and the company wants me to extend my stay until I reach 2080 hours (they calculate the year as hours not calendar and they don’t consider my 2wks vacation, 1 wk PTO or my 8 holidays) however, my car is broken down beyond repair. I can borrow a car for 2 weeks until my 1 year is up. If I choose not to extend my contract will I be able to re-open my previous claim or even file for a new one?
Ray,
I was collecting UI benifits for a month when I took a 1 year temp position 46.5 mi away. Now my 1 yr is up and the company wants me to extend my stay until I reach 2080 hours (they calculate the year as hours not calendar and they don’t consider my 2wks vacation, 1 wk PTO or my 8 holidays) however, my car is broken down beyond repair. I can borrow a car for 2 weeks until my 1 year is up. If I choose not to extend my contract will I be able to re-open my previous claim or even file for a new one?
If I was suspended for 3 days from my job 2 months ago, and I am being fired for a completely different reason, could I still qualify for UI?
@Sean, @Amanda – you should apply and find out. Most likely you will qualify.
@Jack – In my opinion, you are better off renting a car if it is only 2 weeks. Unemployment rules are not very clear in many states. You may or may not get the benefits, why risk it?
@Kateie – UI agency may contact your former employers. If they conclude that you were fired/suspended due to your fault, they will deny your claim even though you lost job for different reasons from different places. The last job is the one they consider.
If a person works for a business and is “put out of work” a week here, two days there…etc., because work is “slow”….can one apply for UI? This person is the only one that is sent home…..
unemployment called in said my job said i quit but they terminated me what should i do
Hi, I will be getting laid off and my last day of work will be on May 10. My company has offered me 8 weeks severance at my normal rate of pay. It is unclear if I would be eligible at all for unemployment at any time…can you verify if I’ll ever be able to qualify even after severance ends? Can I apply for unemployment benefits now in advance? Can I receive benefits during the severance period? Thanks.
@Brian
You will be eligible for UI, but some states make you wait until your severance benefits run over. Some states let you apply now, but reduce the benefits amount. Generally the state website will have a FAQ section which would clarify things like this.
I was laid off in January and have been receiving unemployment since then. I started going to school full-time in March. My previous employer said they would hire me back full time around June. They have now asked if I can come back part time. My problem is that with paying for a babysitter/daycare, I will make less than half of what I bring in from unemployment. Do I have to accept the part time work?Will I lose my benefits if I refuse?
I worked for a church for less than 6 months and was terminated without notice. I applied for Unemployment Compensation and my Financial Determination was made based on my pay from the employer I had prior to working for the church. I was ultimately APPROVED for benefits and began receiving deposits to my bank account. On the final day alloted for appeal, the church sent notice of appeal stating that because they are a church, I should not be eligible for benefits. I know that churches are exempt, but since I worked there so BRIEFLY and the base year for wages didn’t even include income from them, do they really have a case for appeal?
Our company is relocating in 6 months. The new site is 50 miles away and many employees are considering leaving the company when moving date draws closer. The company has offered to provide transportation or relocation assistance for all employees willing to continue employment. Many individuals do not want to ride together and feel they do not want to add 2 hours of drive time to their long day. MOST employees individuals are under the impression that they can quit and will be eligible for unemployment. Is this the case even if transportation and / or copmensation is offered and the company does not terminate their employment?
INDIANA – I was laid off in oct 2008 and given my severance, pension and vacation. Before unemployment insurance kicked in I took a temp job, which turned out to only last one 12 hour shift. My unemployment was reinstated and I collected until Feb 2010 when I got a full-time job. I received a letter last week stating the temp agency said I quit voluntarily -not true, they said my assignment had ended- and that I will have to appeal and possibly have to pay back all of my unemployment. Can anyone help me here? I have called 5 lawyers in Indy and only one thinks they may take the case and they said it could go either way.
I was offered a regular full time position with a company. On the second day of training I had a family emergency and had to leave 2 hours early. They said it would not be a problem and they would reschedule my training. When they called me to set up my training they told me my position would not just be temporary. Will I lose my unemployment if I refuse the position since it is not what I was hired for originally?
I’m working a seasonal job in Illinois. I will only be employed about a total of 80 days. In the past year I have worked part-time consistently. Will I be eligible for unemployment? I heard there was a 6 month waiting period.
I am currently employed with a company and have been for 2.5 years, and the nature of our business involves traveling in and out of the state I work in..It has become a problem at home with my family, immediate and extended, for me to be away..basically find a new job or suffer potential marital problems..I’ve been looking for comparable work close to home with no luck..and have decided to go to school in the fall..I need to know if I quit my job now, will I be able to collect UI until I go to school in fall?
I currently live in NJ, moved here 2 years ago. I was working in NY State until early Decemeber 2010 and I voluntarily left that company to work at a company in NJ. I have worked steadily for 4.5 years, there was no gap between me leaving old job for the new. My employer may be looking for reasons to let me go.
If I am let go in June 2010 and I worked in NJ at this company for a full 6 months, from December 7, 2009 until mid or late June 2010, can I receive unemployment in NJ when they state their base year is from January 31 2009 to December 31, 2009? I was not fired from my previous NY job. So what do I do? Would the claim be processed via NJ using my NY base period? And would I be paid at the rate from my New York job, or my current one (much higher salary at current), and also would I get the NJ rate, or the NY rate of benefits? Am I qualified to even get any benefits if they let me go next month? Please help. Thank you.
Hi-I have worked in Oregon for over 10 years and now have to move due to my husband being relocated because he is in the military. Can I qualify for UI??
Thanks for the help.
I work Full-time (28,000/yr) for a non-for-profit private Catholic School. My postion is being terminated along with the rest of the Food Service Department. I have been told I can not file for unemployment for numerous strange reasons. I have taxes taken out of every paycheck. Why would I not be able to file?
Hi there! I was hired through a temp agency for a temp-to-hire position last year. We were told in no uncertain terms that any absence or tardiness would be grounds for immediate termination. 2 months into our 3 month ‘probation’ I recieved a traffic ticket that made me late for work. Rather than face the indignity of being fired, I told the temp agency I had found other employment. Didn’t know at the time this would come back to haunt me. I just got a letter from the state saying that I may have been ineligible for benefits due to leaving my job, not being terminated. I’m wondering A) if I have any recourse to that, or B) how fast do I have to pay it back? C) How much trouble would I be in? I only took about 6-8 weeks of benefits til I got another job (that I still have today).
Hello,
I was hired on a two-month contract. During that time, I found out that this is a place I do NOT want to work (for example, they have multiple lawsuits pending against them regarding harassment and such). The employer has offered me an extension to my contract, for an additional 2 months (at which time they will decide whether to offer an extension of another 5 months beyond that). If I choose not to extend my contract, does that make me ineligible for unemployment benefits in Colorado?
Someone who works for the unemployment office in Illinois told me that it does not matter WHY I choose not to accept the contract extension — in their eyes, the contract has ended, and I can receive unemployment benefits. But do other states look at this the same way? (Talking to the rep at the Colorado unemployment office did not yield a clear-cut answer for me.) Thanks very much!
If an employer (a school district) changes the hours drastically that it will cause a hardship (childcare issues), can unemployment benefits be collected? The start time changed from 8:45 a.m. to 7:00 a.m. I can apply to other districts (which I will) but most districts already have signed contracts for next year.
Thanks for your assistance.
Hello, I have been receiving unemployment benefits since last August through the state of North Carolina. I have had massive difficulty finding employment which has only become more difficult since my pregnancy became obvious. I am due to deliver my baby this coming August. At that time I will have exhausted my year of eligibility. My question is – do my pregnancy and birth effect any chance I may have acquiring another extension of benefits? After a year in NC, do I then receive benefits from the federal government or is there another tier of extension from my state? When I prepare to give birth and for at least a week afterwards, do I file my weekly certification as though I was “unable” to work for work? How does that effect my future eligibility?
I have a job currently in the mortgage business. I was lied to by the 2 loan officers that I assist at the time they offered me to job (1 year ago). They told me they closed 50% more business consistently than they do or ever have. My pay is a base plus bonus, based on the amount of business that they close, so my income is far less than they lead me to believe it would be. I left a job that paid me twice as much as I am currently making to go to this company based on the lies. Aside from leading me to believe that I wold make a certain amount of money, they also said I would have balance and be able to take days off and that has also proven untrue. I have been looking for another job but find that it’s hard to work a 9 hour day and job hunt effectively. I also do not work well with one of the 2 guys that I assist. I ind him to be disrespectful and to push his job and things that he should be doing onto me.
My question is this- if I quit the job due to insufficient pay, am I eligible to receive unemployment while I look for a new job? Would I need to have a case as far as the 1 loan officer that I conflict with? Ideally I want out of the mortgage business because it is such an awful industry now. The stress is killing me on top of being miserable at my job and not making enough money to make ends meet.
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