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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. 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.

  2. 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.

  3. Charlie Thomas says:

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

  4. Ashley says:

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

  5. 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 ..

  6. 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

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