Who Is Entitled to Unemployment Benefits?
- Author: Martha Stanton
- Posted: 2024-07-06
Unemployment benefits can be acquired by eligible employees living in any state who do not have a job but are not at fault. Unemployment insurance is sponsored and administered by the government, providing support financially. The federal and state government manages the program jointly, and it is funded by taxes that are collected from employers. Each state has separate rules, but the following is a general overview of who is eligible for unemployment compensation.
Conditions that Must Be Met to Qualify for Unemployment Benefits
Each state has its own rules, but generally, employees must meet these requirements to receive benefits in their state. The person applying must prove United States citizenship and provide proof that they have the legal right to work. They must also have been employed for a given period. During this employment, the employee must have earned wages above a certain amount before becoming unemployed. The person applying must be immediately available for and physically able to work. Some part-time employees and temporary workers are eligible if they meet the requirements set by their state.
An Employee That Has Been Fired
A terminated employee may still be eligible for unemployment benefits depending on the circumstances. An employee may not be excluded because of a termination caused by financial reasons, because of a layoff, or stemming from unintentional actions. If an employer terminates an employee for deliberate and repeated misconduct, the employee will not qualify in most states.
Different types of misconduct include:
- being late all the time
- being absent from work with no excuse
- violating workplace rules
- being intoxicated while at work
- sleeping on the clock
- being dishonest
- extreme insubordination
- initiating sexual harassment
- causing considerable injury to the business of the employer
An Employee That Quits
If an employee quits a job, they are typically not eligible to collect compensation unless they quit for a good cause. Most states determine that a good cause is a condition that could have resulted in injury or harm if the employee chose not to quit.
Good cause includes a situation where the health of the employee was endangered, the life of the employee was endangered, or the employee was subjected to working conditions that were intolerable, including discrimination or sexual harassment that the employer did not redress.
If the job was moved to another state or a location that considerably increased commute time they may also be eligible. If the spouse of the employee had to relocate for a job, or the employee had a powerful personal reason, like needing to care for a sick spouse they should be eligible.
Good cause for quitting does not include job dissatisfaction.
How to File an Unemployment Compensation Claim
To get unemployment benefits, the individual must file a claim with the state agency that handles these requests.
When attempting to file a claim, you must provide any needed documentation, a Social Security Card, and some proof of their unemployment status. A one-week waiting period generally applies before the individual can get their benefits. A notice will be sent to the former employee who can then file a written objection.
Eligibility is ascertained by evaluating the reason that the person lost their job. If they determine that the person is eligible, an inquiry is sent to the former employer requesting verification of the termination reason. The employer and employee both have an option to appeal the decision at this point.
Receiving Worker's Compensation Benefits
An employee who files a successful claim is entitled to these benefits. Each state has varying calculation methods, but the benefits are usually less that the pay they received while employed.
An eligible individual can collect benefits for 26 weeks. However, if they are eligible for an extension, they may receive an additional 20 weeks. Unemployment benefits are available to those who qualify.
Many conditions must be met to prove your eligibility. If you feel you should receive these benefits, you should apply today.
