Unemployment Benefits Eligibility

Eligibility for unemployment insurance is determined by state law. More than half of jobless workers do not claim unemployment benefits because either they do not qualify or feel the filing process to be very complex. Contrary to this, numerous people meet the criteria for benefits and state unemployment offices have also reduced the amount of necessary paperwork over a period of time. This article will make eligibility criteria clear for filing unemployment benefits.

Unemployment Eligibility Requirements

Basic Eligibility Criteria

Based on your state there may be eligibility requirements for unemployment coverage including having worked for a definite period of time. The Job Service may need job seekers to apply for jobs, submit resumes, and turn down a position if it meets certain standards.

Other Eligibility Factors to determine benefits are:

  • Must be monetary eligible
  • Past earnings activity (labor force attachment)
  • Conditions of job separation
  • Be totally or partially unemployed
  • If you are identified as likely to tire out unemployment benefits and are registered in the worker profiling and reemployment services program, you have to fully participate in all assessment interviews, orientation, and referred reemployment services.

The State Job Service Offices are brilliant resources to aid with a job search. Many free services are provided including career counseling, job listings, resume and cover letter writing help, and training. Take benefit of the assistance state job service offices can give you –it will make your job easier.

Monetary Eligibility

Estimate Benefits

Unemployment Calculator

After filing an initial application for Unemployment Insurance benefits, you will obtain a Determination of Unemployment Compensation with facts about your monetary eligibility. The monetary determination is not an assurance of payment. It is to give advice to you and your employer that a claim for benefits has been filed, if qualified, what the weekly benefit rate will be and upon which earnings that rate is based.

Use our unemployment calculator to determine your eligibility.

Example 1:

Let’s take an example from the state of California. Anyone may file a claim for jobless benefits in California. However, not all those who file will be entitled. In order to be qualified you must first have adequate work and earnings to set up a claim (what’s recognized as Monetary Eligibility). The wages may be from work in California only, in California and another state(s), or from work with the federal government or U.S. military service in any state.

If in doubt, file the claim and allow the Employment Development Department (EDD) make the conclusion. If you cannot establish a valid California claim the EDD will tell you what your options are for getting a valid claim.

California glances at earnings grouped by calendar quarter. A quarter consists of three precise months; January, February, and March from the 1st quarter of the year, and so on. By law, the Employment Unemployment Department can only employ the four quarters that ended before the last quarter to assess earnings. These four earnings are called the Base period of the claim; it is the only period of earnings that can be used to decide present eligibility.

How the Base Period is Determined?

Wages are drawn from a one-year period (four calendar quarters) to compute eligibility. This one-year period is called the Base Period.

If your claim is effective with any Sunday in: January, February, or March - The Base Period will be the first nine months (Jan-Sept) of last year and the last three months (Oct-Dec) of the year before last;

If your claim is effective with any Sunday in: April, May, or June – The Base Period will be all twelve months (Jan-Dec) of last year;

If your claim is effective with any Sunday in: July, August, or September – The Base Period will be the first three months of the current year (Jan-Mar) and the last nine months (Apr-Dec) of the last year;

If your claim is effective with any Sunday in: October, November, or December – The Base Period will be the first six months (Jan-June) of the current year and last six months (Jul- Dec) of the last year.

The quarter you file and the previous quarter (the months in red and white) do NOT count at all toward the Base Period, regardless of how much you earned. Neither does any time before the Base Period, even if you worked for fifty years. Benefits are only depending on the Base Period, which is, in turn, decided by the date you file for benefits.

Example 2:
Let’s consider the earnings requirements in California for example
You can establish a legal claim in two ways in the state of California:

  • Earn no less than $1300 in any one quarter of the Base Period, or
  • Earn no less than $900 in your uppermost quarter of earnings during the Base Period plus in the rest of the Base Period earn no less than 25% of the highest quarter earnings.

For instance, if you received $1000 in your highest quarter, the claim would only be legal if your total earnings all through the other three quarters amounted to $250, for a Base Period total of $1,250:

$1000 + (25% x $1000) = $1250 in total Base Period earnings.

So even though you earned $100,000 in your highest quarter, but did not earn as a minimum $25,000 all through the rest of the Base Period, you would not be qualified! Or if you only earned $899.99 in each quarter, you will fail by one penny. That is the rule.

When you file a claim the EDD will send back you a printed copy of the determination of monetary eligibility. Test out cautiously to settle on if your employer(s) reported your earnings properly. You can constantly request a recomputation if the data appears wrong.

EDD will also offer the following information:

  • The beginning and ending date of the claim
  • Weekly Benefit Amount
  • Maximum Benefit Amount

Weekly Benefit Amount

The sum of money to which a claimant may be entitled each week, based on the claimant’s covered wages paid during the base period.

Let’s consider an example from the state Mississippi:

The maximum Weekly Benefit Amount (WBA) allowed in Mississippi at this time is $235.00. Your WBA for unemployment insurance benefits depends on the total wages in the highest quarter of your Base Period and by dividing that amount by 26. The minimum WBA in Mississippi is $30.00. To estimate your WBA you must first determine what your wages are for the highest quarter during your Base Period.

To be eligible for benefits, you:

  • Must have worked in no less than two quarters of your base period,
  • Must have earned no less than $780.00 in the highest quarter of your base period, and
  • Must have earned 40 times your WBA in your base period.

The highest amount of benefits that can be paid to you during your Benefit Year is 26 times your WBA, or one-third of your total Base Period wages, whichever is the lesser.

If you file a claim for benefits and it is determined that you do not have enough wages in your base period to be eligible, you may reapply again after the quarter changes, if you are still jobless. The quarters used to decide the base period change every three months, on the first Sunday of January, April, July, and October.

Who can be claimed as a dependent?

If you do not meet the criteria for the maximum weekly benefit rate, you may be entitled to a dependency allowance. Dependant’s allowance is additional money added to a claimant’s weekly benefit amount if the claimant supports a dependent.

If you would like to claim a dependency allowance when you file your claim, you will be inquired to give the social security numbers of your dependent children.

Your dependent child or children must fall into one of the following categories:

  • Under 18 years of age.
  • Under 21 years of age and a full-time student.
  • A mentally or physically handicapped child of any age

You are required to give proof of dependency.

While you are receiving benefits, you must inform DUA (Department of Unemployment Assistance) if there is any change in the number of your dependent children or in your status of providing support. In total, 12 states pay dependency allowance.

For Example:

Total dependency allowance for Connecticut cannot be paid for more than five dependents ($75). California does not pay dependency allowances.

When to File for Unemployment?

Filing for unemployment must be the initial item on your plan when you have been laid-off. It might take a few weeks to collect a check, so the quicker you file, the faster you’ll get paid. A delay in filing will mean a wait in collecting unemployment benefits.

How to Claim Your Benefits?

In order to obtain unemployment compensation, workers must meet the unemployment eligibility requirements for wages earned or duration worked during an established (one year) period of time. Besides, workers must be firm to be unemployed through no fault of their own, so if you were fired or quit you may not be qualified for unemployment compensation.

Confirm with your State Unemployment Office for briefing on what benefits you are entitled to. You may be able to file over the phone. In various states, you can file online for unemployment.

In general, to file a claim you will need:

  • Social Security Number
  • Alien Registration Card if you’re not a US citizen
  • Mailing address including zip code
  • Phone number
  • Names, addresses and dates of employment of all your past employers for the last two years

Disqualification from Unemployment

The following conditions may disqualify you from collecting unemployment benefits depending on state law:

  • Quit without good cause
  • Fired for misconduct
  • Resigned because of illness (check on disability benefits)
  • Left to get married
  • Self-employed
  • Caught up in a labor dispute
  • Attending school

Check with the Unemployment Office if you have the above or any other special circumstances.

Frequently Asked Questions For Eligibility Criteria

Can I collect for voluntary termination of a job?

Yes, if the reason for leaving is justifiable and related to work or, in some circumstances, to domestic issues. Check with your state’s employment security office for clarification.

Will I qualify for unemployment if I was allowed to resign but received a severance package?

If you quit or get fired, then you are not eligible. Only hope is that you explain the situation to unemployment office (after you lose the job) and they consider your case under “good cause” provision.

If I start collecting social security does this stop my unemployment?

Unemployment insurance benefits are not counted under the Social Security annual earnings test and therefore do not affect your receipt of Social Security benefits. However, the unemployment benefit amount of an individual may be reduced by the receipt of a pension or other retirement income, including Social Security and Retirement benefits.

You should contact your state unemployment office for information on how your state applies the reduction.

Are elected officials eligible for unemployment compensation when terminated by a different employer?

The law does not allow using some types of wages to establish claims which include working as an elected official. Hence, may not be eligible to claim the benefit.

Can I file a claim if I already lost a week’s pay from my job?

Yes, because most states pay unemployment compensation benefits based on the amount of earnings for a particular week. However, it all depends upon your weekly benefit amount and, possibly, other factors. File the claim and see.

If I was contracted to work through a company and was let go due to loss of work can I file for unemployment?

Periods of self-employment don’t generally qualify for unemployment insurance claiming, as you’re not paying into the system. The other question likely is, do you qualify based upon your earnings from ex-employment other than the self-employment income? Depending on these factors it will be decided whether you are eligible or not.

Leave a Reply

337 Responses to “Unemployment Benefits Eligibility”

  1. LEVI SMALLS says:

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

  2. Charif says:

    Good afternoon,
    I was working in Iraq as for a company based in the us unfortunately in August i was diagnosed with cancer and had to come back to the states for treatment. Thank god i am a cancer free after extensive treatments. My questions are: the company didn’t offer short or long term disabilities. I haven’t had any income for almost six months. After i was cleared to go back to work but the company said that i am not going back, basically an other way of saying you are fired. What kind of benefit am i entitled to under north carolina laws?( I am a resident of Florida but the company is based in N.C.).

    Thanks for your help.

    Charif
    Your help is appreciated
    Your help is appreciated

    • rashmi says:

      Though the company says that you are fired off, try claiming the UI with all the medical documents supporting also try for an appeal and check your luck. all the best….

  3. Susan Korenstein says:

    I am being laid off from a job I have held for 4.5 years effective June 30. I will collect 4 weeks of severance.

    Am I eligible for NJ unemployment after the severance period?

    Thanks for the help.
    Susan

    • rashmi says:

      Even though you may be receiving severance pay, you are eligible to collect unemployment from your last day of work. Do not wait until your severance runs out to file your claim. It takes a few weeks from the day you filed to receive any paperwork or a check….

  4. Amy says:

    My husband was transferred to another state(TX) from NY. I cannot find work in Texas since I am a teacher and they are laying off and not hiring. I have been on 4 interviews and it is dismal. Am I elgible for benefits from NYS?

    • Donna Parsons says:

      My husdand is being transferred to OH. from OR. I will be have to quit my job and find another in OH. will I be elgible for benefits from OR. ?

    • rashmi says:

      Based on your service in Ny you should be able to get the benefit..

  5. Regina says:

    I have applied for unemployment in Nov and was denied and I filed an appeal , I just got a job 2 days ago came home and finely recieved court date in 2 weeks . if I report my job will they deny my claim?

    • rashmi says:

      It is your duty to report if not it will be considered as fraud and may be you will also be asked to repay or might be punished also…

  6. Kristina says:

    I have a friend that I work with who has been here for 5 years working 40 hours per week. The company has decided we no longer need 3 in this department and are cutting her position. They are offering her part time at 16 hours per week in another area. If she declines will she still be eligible for unemployment? We are in Indiana.

  7. Charles Bloomer says:

    My wife was transferred to another state(IL) from MD. I cannot find work in Illinois since I am a Food service and they are not hiring. I have been on several interviews and it is dismal. Am I eligible for benefits? And what state do I apply?

    • Kalon LaChevet says:

      Hey, Charles Bloomer. I know this may be late but I have an answer for you. Although this may sound weird, you must apply to the state you had previously worked. This is because unemployment benefits acrue as part of your taxes. It takes the wages of your previous job over the last year and gives you the benefits of your ‘highest quarter’. Keep in mind you are very likely to be denied benefits from a state that you have never worked in before because they have never collected taxes from you before… Think of it this way: Your new state has received no money from you, so they have no money to give you. File with your previous state (IL).

    • rashmi says:

      Based on your service in ND you should be able to get the benefit.. You need to apply your claim in the state you worked, you can apply for the claim through online from the state you are living at present…

  8. Jimmie Lewis says:

    Question: I have worked for the same company for over 17 years and we have paid unemployment compensation benefits on me for all of these years. I have turned 65 and am currently drawing Social Security. I have continued to work and plan to continue to work. Due to the the financial crunch in the construction industry the company I work for may be forced to downsize for even close its doors. Would I be eligible to draw enemployment compensation if I am layed off.

  9. john zelinski says:

    I am currently recieving permanent partialdisability payments, am i eligable to recieve unemployment benefits because i can not perform my day to day work and my employer had to let me go because of this?

  10. KG says:

    I have had 2 part time jobs in the past 10 months and worked for 6.5 months of the last year. Do I qualify for unemployment if I had two separate jobs? I worked about 3.25 months per job. I did make the minimum amount to qualify but it was two separate jobs.

  11. Hana says:

    I was on unemployment from april 2010- october 2010. I started work at macy’s from november to the present and my sales are getting pretty low. if my sales are low for a certain period of time they are going to fire me. will I be eligible for unemployment benefits if they fire me for my sales?

  12. Alicia says:

    I am in the process of getting unemployment I worked for a college, would the unemployment office get in touch with the president or would they contact my supervisor? I feel that incorrect information would be stated from my supervisor but the president was the one to give me my notice.

  13. Linda says:

    I have been notified by the State of Alasaka, I am now eligible for regular unemployment benefits from the State of Colorado and that Alaska has notified Colorado to ‘backdate’ my claim to May 8th, since that is when I’d filed for the AK benefits I was getting. I do not know if I would file a ‘new claim’ in CO or if CO already has the needed info. When I start to complete CO info, when I list the last employer’s Alaska address,,,I’m told I have to apply in AK. Help ! I’ve applied and have received AK benefits, but they are now ‘used up’. The notice I got from AK, was that I was eligible for EB benefits and then another saying I was eligible for CO benefits ! Don’t know where/how to apply… Please advise. Thank you.
    Regards,
    Linda Fitzgerald
    lfitz1983@gmail.com

  14. Jana says:

    I work for a company as an office manager but not on payroll paid as a contractor and recieve 1099 forms at end of year. I have been there for over a year and a half and was just told that business is slow and I am no longer needed, since I’m not an empoyee can I still collect unemployment. To make matters worse, before I started this job I was collecting unemployement, when laid off from my last job. I have been submitting applications but no bites. My last day is friday and I’m completely freaked out. please let me know if there is any sign of help!!!

  15. Carol says:

    I worked at a factory for 20 years and they are closing the doors. I left in March 30 filed for unemployment for a week and took a job in Mental health.I had 6 weeks of class room and 1 week on the floor.I had to work in one of the higher functioning homes and staff get hurt at them homes. I went to the unemployment office a week before class was out and talked to the lady in charge and asked her if I quit, can I go back on unemployment. She said yes, because I never worked in this field before and I did not make it through my probation period. I had to go the following week because I made to much that week. I got papers in the mail 2 weeks later saying I have a phone interview to determine weather I get unemployment or not. If I would have know there might be a question weather I could get unemployment or not ,I would have stayed there till I found another job. So what do I do if I do not get unemployment? Go back and talk to Lisa and make her fix it since she told me I would have no problem.

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  17. DeeHudson says:

    Twenty years ago I applyed for Umployment Benefits and was eligible for benefits, and later it was determine that an error occurred in 1983. They informed me that there have been a mistake and that I would have to pay back the overpayment error that was made by the state.

  18. cheryl says:

    I recently filed for unemployment in New Jersey. Mine, and my husbands vehicles were repossed, and I took a personal leave for 30days using my vacation time so some of it would be paid. at the time my employer stated that they could not hold my position after the 30days and wanted a letter of resignation on file if i did not return. my husband could not get his pension loan thru his employer, leaving me to have to quit my job, which i explained to my former employer. but i never wrote the letter of resignation that they requested. I have my phone interview next week and was wondering what to expect and if I qualify.

  19. april says:

    I am a bartender/ server/ assistant manager at a sports bar in kansas. In the last 6 months my job has suffered alot of equipment failure that the corperation is refusing to fix. These failures include but are not limited to the walk in cooler, our kitchen freezer, and the ice machine closest to our bar. The bar cooler that keeps our beer cold stays at 50 degrees or warmer because the door is barely hanging on and doesnt seal properly. we have to store any beer that we want to keep cold in the keg cooler. therefore, the kegs are stacked, and squeezed. making changing a keg a dangerous event. we have had to move our kitchen to the banquets kitchen which is 100 feet down the hall. 200 feet from the bar. food takes an ungodly amount of time due to this. also the air counditioning in the bar went out 6 weeks ago. 2 weeks ago they finally fixed one of 3 units that are needed to cool the bar. At the lowest the bar only cools to 80 degrees. they have no plan to fix the additional units.
    I have not quit my job yet. If i do would i be eligible for benefits on under these circumstances? please help! i feel like i am on the titanic and i need a life boat.

  20. Levi says:

    I had two jobs and I quit one of them 2 months ago but now I am being laid off my current job, am I eligible for unemployment?

    Please help,
    Sincerely
    Levi of California

  21. kanny says:

    Hi,

    I moved from IL to TX and not able to find a job in Texas. I was not fire/layoff from my old job but I choose to leave my company reason i would like to stay in Texas. Am I eligible to file unemployment benefits in TX/IL state.

    Please advice,

    Thanks

    • neha says:

      When you resign from your job you may not be entitled for unemployment benefits. In most cases, if you quit voluntarily you are not eligible. However, if you left for good cause you may be able to collect unemployment benefits.

      Reasons considered good cause in Texas could include:

      Unsafe working conditions, significant change in hiring agreement, or not receiving payment for your work.

      Health and safety risks on the job, or some types of family emergencies.

      If you quit to move with your husband or wife, you may be eligible to obtain benefits after a disqualification of 6 to 25 weeks. This is a disqualification of both time and money, because we must subtract the number of weeks from your total benefits.

      If you quit to move with your military spouse, Texas allows you get benefits without a disqualification if your spouse has a permanent change of station longer than 120 days, or a tour of duty longer than one year.

  22. bridge says:

    Hi, I work , worked in a florist for 6mths. My boss was always being verbally abusive and she would use toxic spray paint in the store without ventilation. I would feel sick and dizzy and at times could have a headache for a couple of days. What are my rights on this matter?
    Thank’s Bridge

  23. karen says:

    I live in Texas and working 2 part time jobs. For the past 9 months one of my jobs was giving me full time hours + overtime. Just recently my hours were decreased down to 22 hours a week. Do i qualify for unemployment benefits?

    • neha says:

      If your hours are reduced, but you remain on the employer’s payroll, you cannot claim full unemployment benefits. However, you may be eligible for partial unemployment benefits.

      Unemployment benefits in Texas are limited to 26 weeks in one benefit year. After claimants exhaust their state benefits, they are qualified for federal unemployment emergency benefits.

      You can receive benefits if you are employed on a part-time basis, but the state can lessen your benefits. Under Texas law, you can work upto 25% of your weekly benefit amount before it will reduce your benefits’ allowance.

  24. mo says:

    do you have to report VA disability compensation on the Missouri unemployment weekly claim?

    • neha says:

      In most cases, moving from state to state does not affect your Social Security Disability benefits. As it is federal program, your eligibility is not considerably affected by your state of residence. You may, certainly, have to apply for state supplemental benefits in Mussourie and you will be discontinued from supplemental benefits from Virginia.

      If you are moving to other state, you must notify the Social Security Administration of Missourie and phone number as soon as you have the information. The quicker you inform the SSA about your change of address, the less likely you are to have troubles getting your Social Disability benefits checks forwarded to Mussourie’s address.

      However, there are some steps you can take before or right after your move to make sure that your Social Security checks or direct deposits are not delayed. In some cases, you may even obtain an increased benefit check if you move to a state that has a higher cost of living.

  25. Randi Sweet says:

    Does a recipient of unemployment benefits compromise their eligibility if they attend college?

    • neha says:

      Yes if you are eligible for the Training Unemployment Insurance (TUI) program, you have to ask the college or your local job search centre or unemployment to send you the form, then you fill it out. After you filling, your school and the job centre fills it out. Then you send or fax it to unemployment department.

      I am not sure if your unemployment will decrease but most likely you wont have to look for work while you are attending college; incase the unemployment department approves you.

  26. cecilia diaz says:

    I have worked for a my company for 29 years they are in the process of some major changes and have offered all eliglible workers an early retirement do to these changes. Would I be eliglble for unemployment as I am only 57

    • neha says:

      Generally if an employer terminates an employee for lack of available work and offers early retirement, the employee is entitled to collect unemployment benefits.

      So, in your case you are eligible for unemployment benefits.

      But receiving unemployment benefits also require that you are able, willing and actively seeking full-time employment, which if you were retiring, violates those requirements. Therefore in this case, the benefits would cease.

  27. Diana H says:

    I know (and was happy for) someone wh0 got a job with a union. Sadly, the very good circumstances now seems undeserved. This person worked just long enough to file for unemployment benefits when laid off from work, which I thought was fine until they continually passed up job opportunities for a variety of reasons. They filed numerous extensions to the unemployment; and when it actually ran out, they accepted a job from the union job line the very same week. Now, they have worked, I believe, three weeks and have begun the unemployment process again because of another layoff.

    My question is, “How long is one allowed to use the system in this way?” Is it possible this person is volunteering for layoffs? If I am not mistaken, I think they said they are in “tier four” of unemployment with the union. This phrase caught my attention, but means nothing to me. Still, I am curious.

  28. hector frescas says:

    my brother is in texas and just begin collecting social security is he qualify for unemployment insurance?

  29. Pam says:

    Husband has been offered a better job with his current employer but in a different state
    I work in Kansas if I leave to follow him , do I qualify for unemployment ?
    What would the pay be for all quarters worked ?

    • neha says:

      You must be approved in Kansas and the benefits will continue to be paid from the same state.

      Yes, it differs from state to states so you need to check your state’s department of economical services. In your case, you would need to file with Kansas to send your payments to other state. the only snag you may hit is the requirement of job hunting.

      Based on your quarterly earned wages in last 4 quarters you will be paid. The maximum weekly benefit amount you would get is $435. For more information you can check our calculator page.

  30. Jaime says:

    I have been working for Hanover hospital for three years. I was hired as part time 20 hrs a week. I was waitressing to make extra money but was fired. I have been denied a full time Position with Hanover hospital due to attendance issues. Can I collect unemployment to help me pay my bills? I do not want to leave the hospital and am having a hard time finding a second job. I work 20hrs a week at 11.50/hr. I pick up extra shifts when I can but there are not many extra shifts that I am able to work with my current schedule.

    • neha says:

      In majority of the cases you can collect benefits.

      YOu will get notification once you file for unemployment. When you file you select either fired for attendance or fired/disqualified. Once you have filed you will receive a letter and will be asked to call a number and claim. After 5 weeks you will need to do a phone interview with unemplopyment agent and your employer if necessary.

      After the interview, they will decide if you were fired because of an ongoin medical condition or if you didn’t go to work. If your reason is the later, you will probably not receive benefits. You will receive notification from the unemployment center approximately after 3 working days that whether you will receive benefits or not.

  31. Kim says:

    I was denied unemployment because I got a traffic ticket, EDD consider this unvoluntery quit. Do anyone know a way to win an appeal on this. I wasn’t driving on company time or vehicle at the time

    • neha says:

      In this case I would suggest you to reapply for unemployment compensation and make a good case for yourself.

  32. Eddie says:

    I actually have a question!
    I live in Ohio. I am 68 years old. I do receive Social Security.
    I was recently fired (let go-downsizing) from a job where I worked only 16 weeks or
    four months. Am I eligible to receive unemployment benefits? What exactly is the number of weeks worked that qualify me foor benefits?

    CAN ANYBODY PLEASE GIVE ME AN ANSWER???

    Thankx—–Eddie

    • neha says:

      In case you are fired by your employer, you usually dont entitle for unemployment benefits. Unemployment benefits are only meant for those who are not the cause of their unemployment. However, the stress of proving you were fired for cause is on the employer. If he can’t provide adequate proof, you might receive unemployment anyway. Even if the employer can provide proof you were fired for cause, you can present your own contradicting evidence through the appeals process.

      Yes you can apply for unemployment benefits if you were fired because of long term disability. It was no fault of your own. The company fired you because of no good reason except except your disability which is no fault of your own.

      In your state, you must have 20 weeks of employment with wages in each week of no less than 27 1/2% of the state average weekly wage in base period and wages in two quarters. Minimum wage needed to qualify is $4300.

  33. raj says:

    Please help: Someone worked in California on W-2 full time job for 4 years and then got unemployment benfits for 60 weeks after getting laid off….then that person claimed unemployment for first 3 weeks in california while working on 1099 (which was from another state) due to confusion as 1099 payment never came for 6 weeks, then that person worked 2 more months on 1099(no UI benefits claimed during these months)…then gets an offer of unemployment extension from EDD (may be will get 13 weeks max extension this time,as this is the lat extension) after finally losing 1099 job also recently….can that person still qualify for unemployment in california since there is really NO job now? Should this person now report 1099 income of last 3 months on UI claim ? I mean just declare all income of 3 months in 2 week time period somehow, so that all income is declared and unemployment extension can be obtained ? This person is struggling to survive for last 18 months. Please let me know. Thanks

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  35. stan says:

    my wife put in her 2 weeks notice in july and quit have her job in wisconsin we know that she could not get unemployment because she quit but we move to texas and she started a new job in november and worked there for a little over 2 months through a staffing agency but was let go.In wisconsin if you quit a job and get another job but get laid off or let go you can’t receive benefits,but since the new job was in texas is she still eligible here in texas or in wisconsin or not at all?

    • neha says:

      Your wife is eligible to receive unemployment if she meets the criteria to qualify for unemployment from her Wisconsin’s job while living in Texas. However, unless she quits her job in Wisconsin for good cause, quitting a job is a disqualifying factor when applying for unemployment. Good cause is determined by the state unemployment office, and it varies by state.

      In Texas, if your wife is laid off due to lack of work then she is qualified to collect unemployment compensation.

  36. stan says:

    sorry that was supposed to be you CAN receive benefits if you quit a job and start another one but get let go from the new one.

  37. Albert says:

    I filed for unemployment on 10/23/11 and was denied. I reopened/appealed the decision on 11/21/11 in which I was now eligible. My payments began 11/20/11. Would I be able to get the 4 weeks previous from when my original claim was filed? I filed in CA

  38. [...] should not wait to apply for unemployment payments. That’s what it’s for. You are allowed to receive unemployment benefits as long as you are eligible, provided you follow the procedures stated by the unemployment agency [...]

  39. Ora S says:

    I was a part time server at this restaurant for almost a year in South California. I worked 20 hours a week with fix schedule. And I got a fight with the owner and he fired me. Will I be able to receive EDD benefit?

    • neha says:

      No, no you would not be able to collect EDD benefits. In some cases, getting fired will prevent you from getting unemployment benefits, but the reasons for the firing can determine if the benefits will be offered. For instance if the termination was because of financial reasons or unintentional actions.

      Most other types of termination reasons will make you ineligible from receiving benefits. Some disqualifying reasons might be: frequently late to work, unapproved absences, workplace rule violation, dishonesty, intoxication,insubordination and sexual harassment. The rule of thumb is that you are qualified to receive EDD benefits if you lose our job through no fault of your own.

  40. Merlinda Waddell says:

    I can’t work because I am taking care of my Father in law. can i get any compensation or where can I apply for any benefit, I really need a support fo my children. Thank you..Please help.

    • rashmi says:

      If you don’t take the job & quit, even if your employer doesn’t contest you getting UI, Generally you will not be eligible it’s the state’s decision whether you receive it or not. No one knows what the state will decide.

  41. [...] business doesn’t hamper your ability to find out and accept your next full-time job. The general rule for unemployment eligibility is that you must be able to accept work and must be looking for [...]

  42. Kelly says:

    I am employed in Oregon, the boss has had a hard time meeting payroll, I know because I am the bookkeeper, I expect that in one week we will not get our paychecks. Is it justifiable to quit if I don’t get a paycheck and will unemployment accept that reason for separation?

    • rashmi says:

      Many typical reasons for quitting a job do not meet the definition of “good cause”

      Most cases in which an employee has voluntarily left employment and has been found to have “good cause” to leave the job involve:

      a reasonable fear for health or safety
      a compelling family necessity; or
      abusive and oppressive working conditions.

      Many typical reasons for quitting a job do not meet the definition of “good cause” and therefore will disqualify a worker from getting unemployment benefits. Reasons that usually are not considered good cause for quitting include:

      ordinary job dissatisfaction or stress;
      personality conflicts with management;
      disagreement over a disciplinary action;
      failure to receive a raise or promotion (unless based on illegal discrimination);
      a lack of opportunity for advancement (unless based on illegal discrimination);
      a reduction in hours or pay (unless the employer breaks an earlier agreement);
      fear of imminent discharge or layoff;
      returning to school;
      leaving to become self-employed.

  43. rashmi says:

    Many typical reasons for quitting a job do not meet the definition of “good cause”

    Most cases in which an employee has voluntarily left employment and has been found to have “good cause” to leave the job involve:

    a reasonable fear for health or safety
    a compelling family necessity; or
    abusive and oppressive working conditions.

    Many typical reasons for quitting a job do not meet the definition of “good cause” and therefore will disqualify a worker from getting unemployment benefits. Reasons that usually are not considered good cause for quitting include:

    ordinary job dissatisfaction or stress;
    personality conflicts with management;
    disagreement over a disciplinary action;
    failure to receive a raise or promotion (unless based on illegal discrimination);
    a lack of opportunity for advancement (unless based on illegal discrimination);
    a reduction in hours or pay (unless the employer breaks an earlier agreement);
    fear of imminent discharge or layoff;
    returning to school;
    leaving to become self-employed.

  44. lewis price, jr. says:

    I will be 79 years old 08-08-2012 and was driver and delivery employee for Lee Smith auto and truck parts company, NAPA division, owned by Lee Smith, Chattanooga, TN. I live in GA. My employment dates back to 2009 with NAPA before being acquired by Lee Smith. Work performance was rated excellent until last month when I was cited for backing improperly in a Burger King parking area. On June 21, 2012, while moving pallets of stock, I bumped the dock door dislocating one door roller from its track. I was terminated that afternoon for violating safety procedures. I am requesting application for unemployment compensation until I can find another job. I must work since my wife has had a stroke and one 50 year old daughter (no health insurance) has had three serious heart procedures to correct her problem. I am healthy and wish to seek employment as soon as possible.

  45. [...] Eligibility for Unemployment Insurance Benefit: Unemployment Insurance is the compensation amount projected to pay as the momentary or temporary economical assistance. Total amount of the monetary and non-monetary amount offered to an employee by his or her employer in return for work performed. [...]

  46. JoAnna says:

    I work 40 miles from my home and my car has broken down. I do not have the money to fix it. It will take me 3 hours a day to get to work my public transportation and 3 hours back. I have a 10 year old daughter and there is no way for me to get her to the baby sitters house now that I have no car. Am I elegable for benefits

  47. Al Kennedy says:

    My wife quit her job 10 months ago and did not file for unemployment because she knew she would be denied. I have been recieving unemployment and would like to know if I can claim her on mine since she is my dependent

    • neha says:

      In case you obtain unemployment benefits, your state may also offer additional compensation for any dependents you support, including yourspouse. Each state has its own rules for claiming dpendents on unemploymenyt. but if you feel you and your spouse are elgible , you can include them on your claim.

      Depending on the state’s guidelines, the definition of dependent can differ, the only dependent you can claim on benefits is either your spouse or a minor child that you provide half of the financial support for. Since your wife is unemployed so you can claim her on benefits. Few states also limit dependency benefits based on the amount of time you both have been married. Check with your state’s labor office for the particular guidelines that apply to you.

  48. Judith C Heisler says:

    The laboratory that I was working for is close to bankruptcy. Because I was the billing supervisor, the stress was unbelievable. I left on good terms but the stress was causing health factors.

    • rashmi says:

      Based on your good cause reason to loose the job you might be ELIGIBLE for the UI benefits considering that you have lost your job with the no faults of yours…

      Do not worry much and stress yourself claim for the benefits…

  49. Debbie Glessner says:

    I lived in Junction City, Kansas and worked in Topeka, Kansas which is 60+ miles away. I have worked at this company for 8.5 years. I am getting married and we have a house that is in Woodbine, Kansas. This would make my commute an extra half hour give or take with weather conditions. I did leave on good terms, loved my job but just couldn’t financially or car wise make the extra drive. I had to resign my position on June 5th. Am I eligible for any benefits til I get situated to possibly find a job?
    Thank you for your help.

    Debbie Glessner

    • rashmi says:

      If you can prove you had just cause for quitting your job,
      then you can get EI. There are many different situations
      that could be just cause for quitting. For example:
      • you were sexually harassed, or harassed in another
      way,
      • you need to go with your spouse, common-law
      partner (which includes same-sex partner), or
      dependent child who has to move away,
      • you were discriminated against because of race,
      colour, sex (which includes discrimination because
      of pregnancy or childbirth), national or ethnic origin,
      religion, sexual orientation, marital status, family
      status, disability, age, or your conviction for a crime
      if you have been pardoned,
      • you were discriminated against because you
      belonged to a union,
      • you were expected to work in dangerous conditions,
      • you were reasonably sure you would start another job
      right away,
      • your wages were significantly reduced, or there were
      major changes to your duties,
      • you were not paid for overtime worked, or were
      forced to work excessive overtime,
      • your supervisor was unfair or hostile to you for no
      good reason,
      6
      • your employer was doing something illegal,
      • your employer pressured you to leave your job, or
      • you had to care for your child or other close family
      member.
      None of the examples listed will automatically be
      considered just cause to quit. And there could be other
      acceptable reasons for leaving your job.

      Since none of the above reasons holds your situation you may not be eligible

  50. jessie says:

    I am claiming unemployment from my old company but recently I got a new job where 3 wks later I was fired. Manager states I did a good job just not fast enough will I still be eligible for unemployment?

    • rashmi says:

      If you take a job while you are receiving EI and then quit
      without just cause, your benefits will be cut off, even if
      the job is part-time. For this reason, it might be a mistake
      to accept work that is unsuitable or that you cannot
      handle. Work can be unsuitable for many reasons, such as
      the hours or travel involved, or the low pay.
      Your EI will also be cut off if you take a job while you
      are getting benefits and then get fired for misconduct. In
      either case, you have the right to appeal.