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.

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{ 245 comments… read them below or add one }

1 Angie July 11, 2010 at 12:45 am

I have been collecting unemployment benefits for the past 2 months. I have actively been looking for a job and recently was hired b a friend who manages a sandwich shop. At the interview with the owner I was told my application was lost. The two days that I have worked there I have not clocked in or out and have not been given a time card, nor has it even been brought up. I have also not filled out any forms such as I-9 or W-4. My question is if I quit now will I still get my unemployment benefits. Am I even technically an employee?

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2 andrew July 14, 2010 at 6:23 pm

im currently a employee at a call center that was recently bought out. Now they cut our wages, we still have the possibility for bonuses, not paying us for our ten min breaks or the time in rest room. they also changed the whole way they give commission so we never know how much were making. we were union before we were bought out but the new company and wont agree to any of the contracts the union have tried to incorporate our union rep quit after there first union meeting i was wondering if i would be accepted for unemployment ive tried call customer support and cant get a straight answer there telling me i would have to quit to see and with a 4 yr old i cant just quit with out knowing it i have a chance. please help thank you

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3 unemployed after severance July 15, 2010 at 7:41 pm

It is inaccurate to say that a severance package makes you ineligible for benefits. You will not be able to collect for the duration of the severance pay, but in most states you will be eligible after your severance runs out if you have not found employment by then and you still meet the other eligibility criteria.

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4 wendy July 27, 2010 at 12:04 am

i worked in maryland march 2008 thru april 2009 then started in arizona may 2009 to july 2009 when am i eligable for unemployment in arizona

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5 miranda August 10, 2010 at 9:57 pm

I’m currently working but the environment is extremely stress full the adminisrator has been harrassing and I only have a few instances documented but I do have plenty of witnesses and recently been put on medication for anzeity can I get unemployment if I quit I have been looking for another job but just can’t find one at this time

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6 obinna okafor August 15, 2010 at 11:11 am

i just relocated to u.s.a with my wife and 3 months old baby,we have recieved our s.s number and green card in maryland.while am looking out to get a job,i want to know if there is any unemployment benefits due to my wife because she will not be able to work now as a result of her nursing the baby.

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7 mary August 22, 2010 at 12:17 pm

i am employed by a boss whom has mental problems he has recently committed himself 2nd time in last 6 months. he has stated he was going to file bankruptcy, i am only employee, i am trying to maintain work but i cant do it due to the fact i dont have the physical strength as this is a plumbing business anyway i need to know do i file unemployment or wait till he files bankruptcy. iowa is my state

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8 JANE August 24, 2010 at 8:39 pm

IN THE STATE OF NJ, IF YOU QUIT YOUR JOB AND WANT TO BE APPROVED FOR BENEFITS YOU MUST STATE “I QUIT MY JOB DUE TO MY HEALTH”. GO TO YOUR DOCTOR GET IT DOCUMENTED AND WHEN YOU HAVE YOUR “HEARING/INTERVIEW” YOU PRODUCE A NOTE FROM YOUR DR.

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9 RICH September 15, 2010 at 7:35 pm

IM GLAD THEY PASSED THE EXTENSION

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10 Barbara McLeod September 22, 2010 at 10:54 am

I was injured on job and was receiving Workmens Comp. for several weeks and prior to that I had gone to the Employer with complaints regarding the Elderly residents care and incidents which I felt was elderly abuse. I was told I was hired to cook and clean kitchen and that was his problem in other words it was sweep under the carpet. In a world of everyone not wanting to get involved I took a stand and contacted the State of NH ElderlyAffairs, Concord,Nh. They in turned investigated. I got a release to go back to work, which I did. My Doctor released me to returned to work the Monday after Easter Weekend, the owner called me and asked if I could work the Holiday Weedend which I agreed to. However, when I returned to work the following Monday the owner told me to punch out and go home. So much for standing up for the weaker generation! I was also was deniend unemployment benifits????

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11 John September 22, 2010 at 10:58 am

Recently i got laid off anf applied for Unemployment benefit. The benefit is not that much. I can not pay my mortgage even. I am thinking to drive cab at the same time. Will it impact my unemployment benefit?

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12 Joyce Lawton September 22, 2010 at 4:45 pm

My daughter is months pregnant and just had a cerclage done on September 22, 2010 and is placed on complete bedrest for the remaing of her pregnancy. My question is : Are there any unemployment benefits she can recieved during that time since she will not be getting paid for that time out.

Jlawton

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13 pete October 4, 2010 at 7:59 am

Have been working as a 1099 contractor for the last several months. Work is drying up and layoffs are coming. Am I eligible for unemployment? My employer has not paid unemployment tax because I am a 1099 worker. Whats the law?

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14 paul April 21, 2012 at 5:03 am

you are a independant contractor which does not qualify you for unemployment! You have to be on the books and pay into and your employer has to pay into unemployment in order to recieve benefits

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15 Jessica October 7, 2010 at 6:52 pm

I worked at a part time job for about 2 years. I left to go work full time at another company and they fired me 10 days later for no fault of my own. Can I get unemployment benefits?

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16 Katie October 13, 2010 at 5:10 pm

My best friend was laid off with no notice, no severance. She was told her position was being eliminated due to budget cuts. She had no disciplinary issues and was told it was not performance based.
However, they have just hired someone new in the exact same role/title she held. Is there a waiting period before they can hire for that same role?

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17 Ron October 14, 2010 at 9:58 pm

I’m an over the road truck driver. I’ve been driving for five years for a company out of Illinois. I recently moved to Tennessee. I lost my job because I was medically disqualified for being diagnosed with sleep apnea. Though I’m not allowed to drive, I am able to work other jobs. In this instance can I apply for Illinois benefits and live in Tennessee while I seek new employment?

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18 tomana October 19, 2010 at 7:09 pm

Greetings,

I’ve been on UI for about 10 months now. I’ve had some job interviews, two ‘thank you but no’ letters, other interviews that I never heard from again – but no offers yet. Two things just happened and I need some advice please:

1) I was given Tier 1 benefits (20 weeks) today Oct 19 2010 but I will need to re-apply Nov 21st 2010 since it will be my one year UI anniversary on that date. The rep said since I have not worked the past year I would not qualify for a renewal of UI. However, the rep said they would therefore continue the Tier 1 payments until that ran out.

2) An employer called and offered a part time job (15Hr/week) today Oct 19 2010, then later in the day found out I would receive the Tier 1 extension. Do I have to accept the part time job? I’m an electronics tech (AAS degree) and the part time job is janitorial. I could use the time I would be on the job to be looking for work, interviews, etc. Would that be sufficent backgrounds to refuse the job? Thanks for any reply.

tomana
Albuquerque, NM

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19 tomana October 19, 2010 at 7:16 pm

oops, I put this in the wrong place. Sorry.

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20 Josh October 27, 2010 at 10:50 pm

I was denied unemployment benefits and now I’m in the process of appeal. My telephone hearing is set for Nov. 2nd. Basically I told my boss with whom I have worked for,for 2 years that I was in the process of looking for a new job closer to home and that has better benefits for my family. Following after our conversation the next week my hours were cut in half, they took my company truck which I had for over a year, demoted me, and demoted my pay. So I feel I was forced out especially since my family only has one vehicle which my wife uses for work. The job site is 50 miles from my house. I literally had no choice but to quit… Will I win my appeal

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21 Dave Phillips October 31, 2010 at 6:39 pm

I live in Michigan and was laid off from my job recently at age 82. I received a small pension and severence from this job and have received a pension and social security from my first career for the past 20 years.
Does anyone know if I am eligible for unemployment benefits and if so, how will it impact my pension and social security payments.

Dave

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22 lou horvath November 6, 2010 at 5:54 pm

I live in ohio and was terminated on oct 18.when they sat me down they told me my employment was terminated a to leave the building they did’nt tell me why. I was wrote up in june of 2010 for horse play,I have bin going in and doing nothing but runnig my machine. I got a letter todat that my unployment was deniend. should I get a lawer and go after them?

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23 mary November 8, 2010 at 9:08 pm

I got a EAD card in 1993 i renew it but when i git a job in 1995 i stop now i file employment because i got laidoff ,and they denied me i’m in process in getting my green card i got a new EAD card i send it to them they said that i were not authorized to work for the earn wages for the years 2008-2009 .
I ‘m owing rents and about to be homeless by the 26th nov any idea what to do
can i appeal the decision.

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24 mike November 13, 2010 at 3:12 pm

I HAD WORKED FOR A REMODELING COMPANY FOR TWO YEARS. DUE TO THEIR LACK OF HOURS THEY SAID I COULD FILE UNEMPLOYMENT. THEY STILL DIDN’T HAVE ANY WORK FOR MONTHS AND TOLD ME I COULDN’T CLAIM ANYMORE BECAUSE THEY DIDN’T HAVE THE FUNDS. SO I STOPPED CLAIMING AND PUT MY TWO WEEK NOTICE IN. THEY ACCEPTED. I FOUND A PART TIME JOB YET THIS WASN’T ENOUGH. SO I CALLED UNEMPLOYMENT AND TOLD THEM THE SITUATION. THEY SAID THAT I COULD FILE. NOW THE COMPANY THAT I WORKED FOR SAYS I CAN’T CLAIM AND THAT THEY R GOING TO CALL UNEMPLOYMENT. BECAUSE THEY HAVE HOURS NOW YET ITS NOT A GUARANTY. CAN THEY DO THIS?

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25 Ben November 17, 2010 at 8:02 am

I was recently laid off from a contract position. I was employed by a NJ company during this contract and assigned to a posting with the Commonwealth of MA. I was paid via W2. When filing for UI do I file with NJ or MA?

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26 LMF November 17, 2010 at 5:35 pm

I have a concern, I have worked for walmart for 2 years and 9 month within this two pay periods they have cut hours, I have been workingf full time hours since i have been with the company to find out when hours were cut i was part time when i consulted with human resources within the company its nothing they can do! now i have been cut 20 hours per week . Now I am receiving 40 hour on a two week pay period. I cant survive with the pay!!!!!!!!Is their any way anyone can help me!! Struggling

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27 Joseph November 21, 2010 at 3:22 pm

I was layed off from a federal Govenment job and recieved unemployment
from The Dictrict of Columbia, until suddenly they stopped due to some finding that I has worked partime in Maryland and they are holding Md responsible for the payments. I have a paper trail of calls and e-mails and had no response and no more unemployment benefits.

I live in Maryland I found a part-time job with HOme Depot and was just layed off, I opened a new claim with Md Unemplyment, yet they have not included my DC fed Government as an employer. Help please!
shouln’t Maryland have access to this information?

Can I recieve retropayments due to me from the time in which Dc stopped paying, and hwo can Maryland help me to solve this matter.

I cannot seem to get any assistance with this matter since.

Thank you in advance for your assistance.

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28 Kristi November 22, 2010 at 4:47 pm

I am military and we are moving, my husband had to quit his job because of us moving. Since he was force to quit, can he get unemployment?

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29 JENN November 26, 2010 at 6:42 pm

I’m currently working a part-time job and was working 25-30 hours a week. Im 8 months pregnant and my hours got cut to 18 or 19 hours weekly. Can i qualify for unemployment.

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30 Keith November 28, 2010 at 12:57 pm

I was out of work on short term disability from an operation. I was out from April 01- Dec 1. I’ve been with my compnay since 1986. When I found out I was returning to work, my managerial position was taken away, I was transfered to another store and knocked down to part time from my full time position. With an average of 22-24 hours, am I eligible for the unemployment has to offer?

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31 paul April 21, 2012 at 5:06 am

yes you are eligible, you may recieve full or partial it depends on your wages prior and what your earning now, but you were separated due to no fault of your own, as long as you have all your documentation from your doctor

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32 David December 1, 2010 at 3:12 pm

I currently work approximatly 40 miles from my home. My job site is being moved permantely 40 miles further away making a total of 80 miles one way. Would this qualify my for unemployment if I quit due to hardship? They have not offered me any compensation for the move and it will cost me over 150$ a week in gas not to mention the 4hrs a day on the road.

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33 e.l December 2, 2010 at 9:40 pm

i was receiving unemployment benefits since feb.2010 in the state of florida and now i currently got a part-time job almost a month ago but they started me with terrible hours so my unemployment is still active. if what i make @ work is less than what unemployment paid me then they would send me the diff. if i quit my job now, would i still get my benefits?

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34 patrick mccaffery December 3, 2010 at 12:46 pm

I was employed by my company for 13 1/2 years and was fired in 2005. I was paid on a 1099 and was 65 years old. Pride made me refuse to file for unemployment and I retired. Am I now eligible to file and collect unemployment?

Thank You.

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35 richard grubic December 6, 2010 at 12:52 pm

a friends wife worked until she could not see due to cataracts, so she quit. They are going to operate on the cataracts soon. Is she eligible to get unemployment?

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36 Rachel December 11, 2010 at 4:55 pm

I was employed in a private pre-school for a year. While they did “suggest” that there was a classroom available (which I didn’t express interest in), they failed to give me a new written contract for employment for the next school year. They forced me to write a letter saying I declined the verbal offer. I filed for unemployment and won, but my old employer is contesting it. My hearing is next week. What do you think?

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37 Pedro Garcia December 15, 2010 at 6:40 am

I was self employed with a retail business selling liquors. The business went belly up back in March 10. I have worked a couple of jobs both in retail and through an agency making barely minimu wage for about six month. I was let go due to lack of business. I have not worked since September and have been looking for jobs since. Do I qualify to apply for unemployement benefits?

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38 Christine December 16, 2010 at 6:57 pm

My son worked part time in Pennsylvania while in high school making only 1,500 a quarter. After he graduated, he got a full time job as a laborer for a masonry company (at the end of September) making $16 an hour so he quit his part time job. Now that it’s so very cold out, they are not able to work. He filed for unemployment but they are going to pay him based off his part time job because that’s how they figure the base period. Is there any way for him to collect on his full time job instead of his part time one?

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39 Carol December 19, 2010 at 12:11 pm

I am voluntary leaving a job because I have been put on overnight shift–I already explained to my boss that I can’t sleep during the day. She moved someone with less seniority to my spot on afternoon. Due I have a good reason to quit and will I be able to collect unemployment benifits. I live in Michigan

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40 Carol December 19, 2010 at 12:17 pm

I am currently working and the boss is putting me on overnight shift–I already explained to her that I can’t work that shift because I can’t sleep during the day, been there, done that. She will not budge. If I quit my job will I qualify for unemployment benifits? I live in Mich if that helps. thank you

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41 belinda December 20, 2010 at 10:14 am

does anybody know what elese i can do with unemployment..here is my problem.i was a truck driver in ga..lived in fl and then moved to maryland cause my handicapt son was going to be homeless due to his dad lost everything and had to move california i moved up north and within 3weeks had . 2 jobs. one is a school bus driver and im able to collect some unemployment from ga from the bus job but when i filed they denied me due to they said i quit my job and didnt have a valid work connected reason.the company i worked for doesnt come up here so i would of have to put my son on the truck with me and drove 850miles one way to go to work…im filing an appeal but does anybody have any advice…would appreciate any guidance…

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42 Adrian Prugar December 26, 2010 at 7:17 am

Folks have to be persistent with their claims since the preliminary process is intended to discourage the masses from depleting state funds. Be sure to read through the relevant unemployment laws and state those laws as the basis for your appeal. Keep it organized and uncluttered citing the list of facts, relevant discussion, laws that apply, and your summary that spells out very clearly why you believe that you are in fact entitled to benefits.*

They may also be looking to see that you exhausted all reasonable alternatives to rectify the situation. Look at it from their point of view to put together your best possible defense.*

*Disclaimer: I’m not an attorney of course, so please don’t try to sue me if this doesn’t go your way. I’m just trying to help..lol. Best of luck!

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43 nat January 6, 2011 at 12:19 pm

i work as a waitress i called off the last 3days due to walking pneumonia. I have a doctors excuse. My employer is threating to replace me because i called off. can they fire me for this and if so could i qualify for unemployment while i search for a new job

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44 erica barber January 14, 2011 at 10:01 am

i need to know if i can file for un emoplyment

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45 Eric January 15, 2011 at 5:46 pm

I live and worke in Marylnad. Today I found out that my company is closing in a next month. In this regard, I plan to move to Virginia to live with my parents. Where should I apply for unemployment? Where will I live or where I worked? And if I file in Virginia, I’ll be getting Maryland or Virginia unemployment?

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46 charlotte January 18, 2011 at 1:27 am

you file at the nearest unemployment agency nearest you..no matter what state you worked in.

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47 Sharon January 21, 2011 at 10:54 am

I was a tipped employee for over two years with my last employment. With no warning my shifts were dropped from 5/6 shifts to 2 shifts a week. And sometimes I would only be given 1 or none at all. The brand new employees get at least 3 shifts a week! I was told that I am not receiving any customer comments through corporate and that is why my hours have been reduced. Isn’t that a form of being fired when management will not allow you to work what is needed to afford your responsibilities? I bust my hump trying to regain my shifts back but I began to feel that they just wanted me gone. In the end, I had a job but it was like I really did not have one. They would of kept doing what they were doing to me for as long as they could probably to keep from officially firing me, in turn, giving me the eligibility for unemployment. Is that legal?

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48 Amy Straub January 31, 2011 at 7:32 pm

I was wondering if it is possible for me to get unemployment again. I was laid off for 18 months and returned to work in Sept. of 2010 I am asked to take another lay off for about 2-6 weeks and wonder if I can get unemployment again or if I have to wait longer. I would really like to know as soon as possible for we have until Friday Feb. 4th to let them know.

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49 lily February 1, 2011 at 10:16 am

I just got laid off on January 27, 2010. Can I be eligiblity for unemployment

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50 eli February 12, 2011 at 11:16 am

I have been working for a coffee company for the last eight years 2 and half of those years I was an assistant manager…the manager thinks that I’m not meeting expectations for this position..therfore he told our district manager..anway we had ameeting and he said that if I would consider dropping down a postion as a shift supervisor I declined the position and I was put on a 30 day action plan and if I don’t meet expectation within those 30 days I’m fired do I have to right to decline the position and qualify for unemployment or if I decline the position can he then say that I resigned ?on as a shift supervisor which

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51 peggy February 12, 2011 at 12:19 pm

my unemployment benefits have run out i in the state of tnn
are there any other benefits i can get I have 3 chirden 6yr 4yr 4 yr

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52 LEVI SMALLS February 25, 2011 at 5:14 pm

Self-employeed independent contractor, Wanted to know if i was entitled to unemployment benefits since i paid taxes every year.

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