FileUnemployment

Unemployment Benefits Eligibility

Author : Ray

Updated : June 21st, 2019

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.

Want to know if you are eligible? Use our Eligibility Calculator

Unemployment Eligibility Requirements

eligibility requirements

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 not 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 Development 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.

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  1. I applied for unemployment on 8-1 and was approved. I received my letter of eligibility and debit card about a week ago. I did not file my intitial bi weekly claim because I missed the deadline by 1 day (didn’t realize they would be closed on Saturday). When I logged on it said I would have to reopen a claim because mine had been closed. I filled out the online form to deactivate the claim. My question is this: will I have another waiting week? And will unemployment have to contact my employer all over again to verify my wages and go through the entire process all over again or will they just reopen the claim with a new date window to file?

  2. Lost my job in 10/2018 due to plant closure, collected vacation and severance pay. Opened a claim in 1/2019. Got an on the job training job through career link in 5/2019 worked one week and became very sick and was off for two weeks VA could not find anything wrong but gave me medication for the symptoms and an excuse to return to work, prior to returning got a call from my recruiter at career link telling me the position was filled so i did not return. Reopened my claim, a few weeks later got a letter informing me the employer had appealed and said i did not return, had a hearing and the employer did not show but i lost and got a 2500.00 over payment. Got a temp job through an agency but have only worked 4 days in two weeks. Reopened my claim and was told i need to earn 2604.00 from current employer before it can be opened, did i do something wrong? Still applying for work but am days away from losing everything, need income to pay bills. PLEASE HELP

    1. Rodney,

      Your eligibility to claim UI benefits depends on multiple factors including monetary eligibility. If you’ve been officially told about the shortage of earnings, there’s nothing much one can do. If you’re still confident of winning the appeal, please make a strong case.

      1. I live in KY but my base wages were from earnings in GA when I lived there. I’ve exhausted my benefits in KY. Am I able to now file through GA since my earnings through 10/18 came from there?

        1. Dee,

          As much as I am aware, Unemployment Insurance is a one time cycle. Please call the Unemployment Office in GA for more.

  3. The hours at work have been cut due to lack of business for every department.
    So all full-time positions are now part-time.
    How do I file for partial unemployment?
    The only options I see (in Texas) are for full unemployment.

    1. Eric,

      You should be able to claim partial UI benefits. Please consider applying online until full hours are restored.

    1. William,

      If everything goes well, it should not take more than 7-10 business days (waiting week). Please call the Claims Center for more.

  4. I was employed by a VA company for 5 years, my contract ended yesterday (07/31/19), however, I worked remotely for those 5 years and live in FL, which state do I apply to for my unemployment benefits?

    1. Oscar,

      Please check with your employer if they remitted UI taxes into the system. Contract workers are generally not eligible.

        1. Oscar,

          In that case, please go ahead and apply if your employer remitted UI taxes into the system.

    2. You apply in Virginia…however, I worked seasonally and they used a ‘quarter’ that was empty, so even though my employer paid in, I only got a 1/3 of what I should have received. Figured that out later :/ They will also question WHY you aren’t able and available to work IN Virginia. They froze my account for about a month.

  5. I worked 37 years with the same company in Texas. On July 2nd of 2018, I was let go due to workforce reduction. I signed up for benefits several months later and now have drawn my 26 weeks of benefit. Is there any program currently open in Texas or federally that will extend additional money while job seeking?

    1. Lonnie,

      The E.U.C(Emergency Unemployment Compensation) remains expired. There is no extension available. Please inquire further with the labor authorities in your state by calling them.

  6. I have been an employee of my company for 34 yrs. My position is being eliminated but I have been offered another position for less money. It is a much more physical job that I am not sure I can perform well. I am 75. If I try to fulfill the position and cannot do it, will I still be able to get benefits if I quit? They want me to try it for a couple of weeks to see if I am strong enough and if I can afford the cut in pay.

    1. Lynda,

      I suggest you call the Unemployment Office to find out about eligibility before making a decision on continuation.

      1. I recently lost my job..i was late for work and they took me off the schedule..never told me i was fired..didnt ask for uniforms back. Another cook was andd has been late for work and he didnt get taken off the schedule.can i still get unemployment?

        1. Kandie,

          Please note UI benefits are only offered to claimants who lose employment due to no fault of their own. You can call the Unemployment Office for clarification.

  7. Are there any training benefits or programs that will pay for an advanced degree, such as a PhD which is needed to become more employable?

    1. There are multiple training programs administered by the Labor Department in each state. For more info, please call visit the official website of the Unemployment Office.

  8. I’m about to exhaust my Unemployment benefits. I was laid off from my first job and
    found employment then I lost my job and became unemployed again. I applied for benefits and have have almost exhausted my benefits but have not found employment. Can I file for an extension?

    1. Deanna,

      The E.U.C(Emergency Unemployment Compensation) remains expired. There is no extension available. Please inquire further with the labor authorities in your state by calling them.

  9. After reading your article it’s still not clear to me about requirements surrounding moving to another state and completing/continuing to collect. I have 8 weeks eligibility left, I am moving from MA to FL. The end of your article says: “Since it’s all virtual (online), you may still consider the option of continuing your claims from the base state even if you move to a different one until completion. As a responsible claimant, it’s your duty to inform the base state about your movement to ensure there are no hassles in the near future.”

    So it sounds like even once I am in new state I am eligible to continue to collect from my base state. I can just continue to do my required weekly job search and reporting to and filing in my base state (I do it via phone call-in). No need to complicate things by doing some crazy state transfer of benefits. Benefits also done via direct bank deposit and no need to change anything. Do I even need to tell my base state I am now living in a new state? Why? Thank you.

    1. Paul,

      For the ease of understanding, each state has its specific rules and laws with regard to administering Unemployment Benefits. It might be an obligation for a claimant to inform about the movement. For clarification, please call the Unemployment Office and speak to a representative.

  10. I was recently fired from my work 25-June-2019/due to me not meeting their “standards/ expectations” i submitted my UE claim on 28-June and have not received any pay as of today, 19-July. The status is currently “adjudication in progress,” my question is, should i be worried this will be denied? I read the FAQ on the UE webpage and it said only a couple applications require the adjudication process. How long does this process usually take to get the final answer of whether I’m denied or approved? The website stated it susuallt takes ~25 days for the adjudication process, does this mean once that’s done then i still have to wait another 2-6 weeks for final processing after? THANK YOU SOO MUCH to whomever is able to provide me with some answers/ input.

    Sincerely,
    Talia
    ** this is my first time ever being fired or having to file for unemployment so i really have nooooo idea what is standard or normal or whatever. I feel like an idiot with my simple questions but it would bring me so much relief having them answered, truly

    1. Talia,

      I can understand your reason for the anxiety. Adjudication is a fact-finding process where both the claimant and the employer will get an opportunity to present their case. During this process, make sure to produce supporting documents that amplify your stance. For all you know, the adjudication can be a lengthy process.

      Best Wishes!

  11. I was permanently severanced from my job due to a Co. Reorg & received my last severance pay last week. I called UE & was told that I should now do my application online since I will no longer be getting funds & still without a job & that this coming Sunday regardless of knowing if I will or will not get benefits yet that I should still file a weekly claim in case of UE back pay.
    So my question is, do I still have to report 4 jobs applied to within this week, even if I do not know if I will be approved/denied for benefits until possibly next week anyway?

    1. Lynda,

      You should continue to report the job applications as long as you’ve been asked to do so. There will be a “Waiting Period” and the first payment will take about 7-10 days after which they’ll flow much quicker. Please call the Claims Center for clarification.

  12. I tried to transfer from one state to another. When I left Montana I was told there would be no problem transferring. When I arrived in North Carolina I had trouble reaching the area manager by phone. When he finally called me back he said to meet him for lunch to discuss when and where I would be working. He did not show up for lunch. Then he never returned any of my calls. I went PA to visit a friend a few weeks later and tried there. I met with the hiring manager and was told there should not be a problem doing the transfer since I was still in the system. I called the store a few times and they said it was still pending. Then I was terminated without even a phone call. Am I eligible for unemployment and if so do I file in Montana or North Carolina. I still have a Montana drivers license but I am living in NC.

    1. Stacey,

      As long as you were unemployed involuntarily, you should be able to claim UI benefits. Please consider applying.

  13. I have worked for 32+ years and recently have become unable to work due to health reasons, so I have had to resign from my job. I have contacted SS and will be able to apply for disability but it will take awhile to process. Can I apply for unemployment benefits? I live in WV.

    1. Sandra,

      UI benefits are only extended to claimants who lose their employment due to involuntary reasons. Please reach out to the Unemployment Office for more.

  14. I had to quit my job at Walmart in Fairmont West Virginia and moved back to my home state ky, I’ve got a son with drug problems and 3 older sisters that are not doing so well in health cause of their age. I didn’t understand about the transfer part they had at Walmart that I could put a date when I could start back because of my car problems I thought when I left I had to go in like in s few days, I’ve applied here at Walmart in Winchester ky 40391 two times already plus dollar store, speedway, truck stop, bp, a few other places it’s been going on 7 months without a job I live with my son and its getting harder on him paying rent and utilities and food, not to mention our personal hygiene stuff I really need help I have no income coming in to help him and his wife out I get foodstamps and Medicaid I was praying I could qualify for unemployment PLEASE HELP!!!

    1. Vicky,

      I can understand your situation. Unfortunately, UI benefits are only extended to claimants who lose employment due to involuntary reasons. Please call the Unemployment Office for further clarification.

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