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West Virginia Unemployment Eligibility

In order to collect unemployment insurance benefits, you must meet the following WV eligibility requirements.

Non Monetary Eligibility

  • You must be either totally or partially unemployed as defined in the law
  • You must be able to work and available for full-time work
  • You must register for work with a West Virginia Job Service Office
  • You must participate in reemployment services offered through the Job Service Office when you are selected for profiling
  • You must quit or get fired “for good cause” connected with employment

Monetary Eligibility

You must have sufficient wages in employment covered by a state or federal unemployment compensation law to become eligible monetarily.

During your base period, you must have been paid wages of at least $2,200 in covered employment. In addition, you must have been paid wages in at least two quarters of your base period. Your base period is a twelve-month period that is determined by the beginning date of your new claim.

Eligibility Questions

I was discharged from my job. Will I be eligible to receive benefits?

When an employee is discharged from a job, the burden of proof rests with the employer. The employer must be able to prove that the individual was discharged for work-related misconduct before benefits are denied. The West Virginia Supreme Court of Appeals has defined misconduct as “conduct evincing such willful and wanton disregard of the employer’s interests as is found in deliberate violations or disregard of standards of behavior which the employer has the right to expect of his employees, or in carelessness or negligence of such degree or recurrence as to manifest equal culpability, wrongful intent or evil design, or to show an intentional and substantial disregard of the employer’s interests or of the employee’s duties and obligations to his employer. . . on the other hand, mere inefficiency, unsatisfactory conduct, failure in good performance as the result of inability or incapacity, inadvertencies or ordinary negligence in isolated instances, or good faith errors in judgment or discretions are not to be deemed misconduct within the meaning of the statute.”

There are two types of disqualifications possible for work-related misconduct. The duration of a disqualification for simple misconduct is the week in which the separation occurred plus six additional weeks. Gross misconduct carries a disqualification that begins the week of the discharge and continues until the claimant returns to covered employment and works at least 30 days.

When you file your UC claim, the unemployment department will gather the needed facts relating to your discharge. They will also request information from your employer. Based upon the information obtained from both parties, a written decision will be issued. This decision will tell you whether you are eligible for benefits. Both you and your employer will have the right to appeal this decision if you disagree with it.

What happens if I am laid off?

Usually, in West Virginia you have to lose your job through no fault of your own in order to collect unemployment. When you get laid-off, it is not your fault.

In almost all cases, this means that if you get laid-off, you are eligible to collect unemployment benefits.

Getting laid-off doesn’t mean that you were fired or you did something wrong. It simply means that the company in which you worked doesn’t have enough work and could no longer afford to pay you for the job.

Once you get laid-off from your job, you should immediately apply for unemployment benefits.

If I quit my job, will I still be eligible to receive UC benefits?

When an employee voluntarily quits a job, the burden of proof rests on the employee. Generally, the employee must be able to prove that the employer was at fault in the separation before UC benefits can be paid. There are, however, special provisions in the West Virginia Unemployment Compensation Law that specifically allow the payment of UC benefits to individuals who quit their employment.

One of the special provisions applies when an individual quits due to personal health problems; in order to obtain benefits, the claimant must present a doctor’s statement that says that the work aggravated, worsened, or would have worsened the health problem. Another provision applies when the claimant leaves employment to return to work with the last preceding employer and does, in fact, return to work with that employer within 14 days.

When you file your UC claim, the unemployment department will gather the needed facts relating to your discharge. They will also request information from your employer. Based upon the information obtained from both parties, a written decision will be issued. This decision will tell you whether you are eligible for benefits. Both you and your employer will have the right to appeal this decision if you disagree with it.

How much can I earn and still be eligible to receive UC benefits?

You may work and earn up to $60 per week and still receive your full weekly benefit amount. Wages of more than $60 are deducted from your weekly benefit amount on a dollar-for-dollar basis. Any amount of wages earned must be reported.

More Questions?? —-> Read Eligibility Q & A Section

Want to know about how much you will receive?? —–>Calculate your benefits here

Questions & Answers

  1. Jeanna says:

    I took FMLA due to my mother falling and breaking her hip. Her dr. has since said she will need 24 hour care. I then quit my job. I am available for work, from home, do I qualify for unemployment? I have worked for 15 years and never drawn unemployment.

    • Martin says:

      You will not be eligible since unemployment insurance is only extended to those who become unemployed due to involuntary reasons.

  2. tracy says:

    Thanks Martin for your reply. I have one more question how do I get documentation. Thanks tracy

  3. tracy says:

    I have been currently working for my employer almost 2 years as a direct care worker and have made them aware that my client has been saying things he shouldn’t and I’ve had enough if I quit can I get unemployment benefits till I find another job

  4. Kathryn says:

    Another question- I was told that even if you have applied for disability retirement from your employer, you are not eligible to get Unemployment in WV. That seems discriminatory to me. Even if I have not been approved for anything, I am still unable to get unemployment after working for my employer for many years, and am no longer employed due to no fault of my own.

  5. Kathryn says:

    Can I receive unemployment after my severance package has been paid out. I received a severance package that has been paying me a regular bi weekly income – which lasts for 26 weeks. I have about 3 months remaining, and have not filed for UE because I have enough money from my severance payments and agreement. I was released from my federal job at no fault of my own and hope to get UI once my severance is over. Can you help with my questions?

    • Martin says:

      You sure can claim unemployment insurance after the severance pay period ends.

      Please consider applying for benefits towards the end of third month.

  6. Angela says:

    I live in West Virginia but work in Ohio. According to the page on eligibility in Ohio a person must be a resident of Ohio to receive Ohio unemployment. Can I receive it in West Virginia if I’m laid off in Ohio?

  7. karrie says:

    how far will they go back on unemployment pay / worked on and off since april. will they pay for the weeks not worked.

  8. dj says:

    what can I do if an employer is trying to find ways to fire someone

    • Adrian says:

      Please inquire further about the related labor laws in your state and perhaps, you can file a plaint if there are legal provisions.

  9. Roy Miller says:

    I have retired and receive social security, I have gone back to work part time. If I would lose my currant part time employment can I receive unemployment benefits?

    • Adrian says:

      Depends as you’re already receiving SS benefits. Please check with the customer service of the labor dept in your state.

  10. Norma Johnston says:

    Can an employee who is laid off and then is called back to work but cannot return due to a short term disability continue to collect unemployment and short term disability benefits?

    • Adrian says:

      I am unable to comment about short term disability benefits.Please check with a relevant forum or authority.

      With regard to continuing to avail UI benefits,please be informed that these benefits are only extended to those who are totally unemployed are able to work.

  11. Charlie Thomas says:

    If an employee works in WV and lives in Ohio, can the employee file an unemployment claim in Ohio?

  12. Ashley says:

    Can you receive partial unemployment if you are receiving benefits under short term disability?

  13. Priscilla Butcher says:

    I was on unemployment compensation until July of 2013. I wasn’t unable to find a job until October 2013. The position I obtained is a contracted temporary job thru a temp agency. According to the agency since my position is temporary I will only be working for six months-Oct to March, at which time as a contractor my position will be terminated. Can you tell me if I will be eligible to go back on unemployment? If not, can you tell me what factors I need to look at to determine if I will be eligible ..

  14. Justin McCord says:

    I am on seasonal hours but have only been able to work very little this year and I am a full time student. How do I know if I qualify? When my job needs me I can’t work sometimes but sometimes I need to work but the business’ hours were cut

    • tracy says:

      Thank u Martin for your response I think I should have been more clear on my question. I have been being verbally harassed for the past year from my client. He makes many sexual comments towards me daily and I have told my boss and the only response I have got from my boss is he’s old and u know how he is. And to me it doesn’t matter how old he is. I don’t deserve to be talked to like that . Thanks tracy

      • Martin says:

        Sure. You can be eligible to receive benefits if you’re able to provide supporting documents in this regard in case of a dispute.

        Please consider applying to begin with.

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