Nebraska Unemployment Eligibility
Updated : June 20th, 2019
Eligibility Requirements –
To be eligible for benefits for any week, you must be:
- Unemployed or Partially Unemployed
- You may claim benefits if you have become unemployed or experienced reduced hours.
- Available for Work
You must be:
- Available four or more days to accept immediate employment during the week claimed.
- Ready and willing to accept work in your usual occupation or other suitable employment, with no undue restrictions.
- Willing to seek and accept the hours, wage, commuting distance, and other conditions of employment that are normal for someone in your occupation with your skills and experience.
- Able to Work
- You must be physically able to work at least four days a week.
- Registered for Employment Services, if required
If you are required to register for Employment Services, you must do so online.
I quit my last job for personal reasons. Am I eligible to obtain benefits?
If a person has quit a job without good cause, a disqualification is assessed for the week of the quit plus 13 weeks, as determined by the Nebraska Department of Labor. In Nebraska, good cause for quitting must be limited to the conditions of work or compelling health reasons, or quitting to escape spousal abuse.
The burden of proof for showing good cause is placed on the employee. The disqualification for quitting to accept a better job may be only two weeks if certain conditions are met. Maximum benefits payable may also be reduced when a disqualification is assessed.
Can I claim benefits while attending school?
If you are regularly attending school, you may be disqualified from benefits unless you were a student at the time you earned the majority of the wages in your base period. An exception may apply if you are enrolled in a training program which has been approved by the Commissioner of Labor.
How will Vacation, Severance, or the receipt of Other Payments affect my eligibility to receive benefits?
Benefits may be denied or reduced for any week for which your employer has made or will make such payments. Certain other types of payment from employers may be disqualifying or deductible from benefit payments. Examples include holiday pay, bonus, sick pay or workers’ compensation.
I work at school. Can I claim benefits during regular school breaks?
If you are employed for or on behalf of an educational institution, benefits (based on wages earned from educational institutions) may be denied between terms and/or during regularly scheduled breaks.
I was fired for misconduct. Is there a chance to obtain unemployment benefits?
Discharge for Ordinary Misconduct
If a person is discharged from a job for misconduct, a disqualification is assessed for the week of the discharge plus 14 weeks, as determined by the Nebraska Department of Labor. In cases of misconduct, the burden of proof is on the employer.
The employer must prove that an employee was discharged for acts or omissions that
1) damaged the employer’s interest in relation to the employment;
2) the employee knew or reasonably should have known were contrary to the employer’s interests; and
3) were willful or within the employee’s control. Maximum benefits payable may also be reduced when a disqualification is assessed.
Discharge for Aggravated Misconduct
If a person is discharged for misconduct not considered to be willful and flagrant or unlawful, but which included being under the influence of any intoxicating beverage or being under the influence of any controlled substance not prescribed by a physician licensed to practice medicine or surgery, and when the person is under the influence on the work site or while engaged in work for the employer, then the disqualification includes a cancellation of wages from the employer.
Discharge for gross Misconduct
If a person is discharged due to an act or omission that is willful and flagrant or unlawful, that individual does not qualify for benefits on wages earned prior to the date of the act.