I Am An Independent Contractor Am I Eligible For Unemployment Benefits Under The Cares Act
You may be eligible for unemployment benefits, depending on your personal circumstances and how your state chooses to implement the CARES Act. States are permitted to provide Pandemic Unemployment Assistance to individuals who are self-employed, seeking part-time employment, or who otherwise would not qualify for regular unemployment compensation. To qualify for PUA benefits, you must not be eligible for regular unemployment benefits and be unemployed, partially unemployed, or unable or unavailable to work because of certain health or economic consequences of the COVID-19 pandemic.
The PUA program provides up to 39 weeks of benefits, which are available retroactively starting with weeks of unemployment beginning on or after January 27, 2020, and ending on or before December 31, 2020. The amount of benefits paid out will vary by state and are calculated based on the weekly benefit amounts provided under a states unemployment insurance laws. Under the CARES Act, the WBA may be supplemented by the additional unemployment assistance provided under the Act.
I Am A Union Employee Who Lost My Job When My Union Went On Strike Am I Eligible To Apply For Unemployment
It depends. Many states disqualify employees whose unemployment results from any type of “labor dispute,” be it a strike or lockout. Some states distinguish between disqualifying “strikes” and “lockouts” that render employees eligible, while others allow striking workers to collect benefits after an initial period of disqualification. Also, some states permit workers who participated in a strike to receive unemployment benefits if the strike resulted from an employer violation of the law, or collective bargaining rights.
To find out what the rules are in your state, please see our site’s page on State Government Agencies, where you can find the contact information and web links for the agency in your state which oversees the unemployment compensation program in order to obtain further information about the laws in your state. In addition, unions often have a strike fund that provides emergency assistance to members who have lost wages during a strike. Payments from such funds may offset the amount of unemployment benefits you can receive.
Where Can I Find More Information
For more information, please visit our site’s listing of state government agencies. There you will find the contact information and web links for the agency in your state which oversees the unemployment compensation program.
Select your state from the map below or from this list.
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Can You Collect Unemployment If You Quit Your Job
BIRMINGHAM, Ala. – Were nearly two years into this pandemic and some people are still struggling to find work and receive unemployment benefits, but if youve been applying for compensation, and still have not received a payment, it may be because you dont qualify.
I spoke with a woman who said shed been applying for unemployment benefits since November of last year, but it turns out she quit her job, so ADOL said she wont get paid.
There may be some confusion about who does and who does not qualify for unemployment benefits.
If you voluntarily quit your job, you are not eligible for unemployment. Her reasoning for quitting had nothing to do with COVID. So, also that would disqualify you from any type of pandemic-related program, said Communications Director for ADOL, Tara Hutchison.
There are some exceptions to the rule about quitting, but Hutchison said the only way to know for sure that youll get a check is to file.
Every case is adjudicated on a case-by-case basis. So, were still working through some of those cases, Hutchison said.
WBRC has been contacted numerous times throughout the pandemic by people saying theyve had trouble collecting unemployment.
Hutchison admits there have been long delays with processing claims, and the reasons run the gamut.
Hutchison said claims with no issues are processing much faster.
She recommends checking your portal for status updates.
Copyright 2021 WBRC
Unemployment Eligibility If You Quit Voluntarily
Even if you think you had a good reason to leave a job, that doesn’t necessarily mean you had good cause in the eyes of the law. For example, it might make sense to leave a job that doesn’t offer opportunities for advancement, but a worker who makes this choice won’t be eligible for unemployment benefits. Similarly, some people quit their jobs because they find the work unfulfilling or they want to pursue an entirely different career path. These decisions may lead to a better qualify of life and higher job satisfaction — but what they won’t lead to is an unemployment check.
In some states, former employees are eligible for benefits if they leave a job for compelling personal reasons — for example, to relocate when a spouse gets a distant job or because a family emergency requires the worker to be home. In other states, benefits are available only if the employee’s reasons for quitting are related to the job
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While You Receive Benefits
If you do meet all the various qualifications to receive unemployment, be aware that compensation comes with conditions. While you are receiving unemployment, you must be actively seeking a new joband states can request proof of your job search.
If you turn down a suitable position , your unemployment benefits may be terminated. Also, during the Great Recession that bottomed out in 2009, many states changed their laws to prohibit receiving severance and unemployment benefits simultaneously.
Some Reasons For Termination Might Make You Ineligible For Unemployment Benefits
By Lisa Guerin, J.D.
To collect unemployment benefits, you must be out of work through no fault of your own. Workers who are laid off for economic reasonsdue to a plant closing, a reduction-in-force , or because of lack of work, for exampleare eligible for unemployment benefits. But employees who are fired are not always eligible for unemployment, at least not right away. It depends on the reasons why the employee was fired.
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I Collect A Pension From A Prior Job Does That Mean I Am Not Eligible For Ui Benefits
Rules vary from state to state. If you are actively ready, willing, and able to work, you may still be eligible for UI benefits. Often, the value of the pension will offset to some extent the amount of UI benefits you can receive. Of course, if you are truly retired and not looking for work, you are not eligible for UI.
If I Turn Down A Job Does That Mean I Am Ineligible For Further Unemployment Benefits
In order to receive unemployment compensation funds, you must not refuse an offer of a “suitable” job. Each state has their own definition of suitable so be sure to check your states individual unemployment laws. In most cases, aA suitable job is one that is reasonably equal , even though not identical, to the job you had before, even if it pays less and involves less responsibility. Whether the particular job is suitable depends on a number of factors such as the type of work, the pay, the distance from your home, and the shift you will be working.
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How Long Will It Take To Get My Unemployment Benefits After I File
The federal Department of Labor’s website says that you can expect your first unemployment check two or three weeks after you apply, as long as you submit all of the required information, and no follow-up is necessary. In some states, there is a waiting period between the time you become unemployed and when you are eligible for benefits. This means you won’t receive any unemployment compensation for the first week you are out of work.
Learn The Unemployment Eligibility Rules Benefit Amounts And More For Washington
By Sachi Barreiro, Attorney
In Washington, as in every other state, employees who are temporarily out of work through no fault of their own may qualify for unemployment benefits. The eligibility rules, prior earnings requirements, benefit amounts, and other details vary from state to state. Here are the basic rules for collecting unemployment compensation in Washington.
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Now That I Am Unemployed I Am Going To Move To Another State Am I Still Eligible For Unemployment Benefits
If you relocate permanently to another state, you are generally still eligible for benefits if you are actively looking for suitable employment in that state. However, states interpret the requirements for unemployment eligibility differently. Before permanently relocating, you should contact the unemployment offices in both your current and future states of residence and/or an attorney to determine the effect that relocation will have on your eligibility.
Appealing An Unemployment Claim Denial
If you have filed an unemployment benefits claim and your claim is turned down or contested by your employer, you have the right to appeal the denial of your unemployment claim.
As with filing for unemployment generally, the appeals process differs depending on where you live. Consult your state department of labor for guidelines on appealing your unemployment claim denial. Be prepared to collect supporting documentation, find witnesses, and continue filing for unemployment while you appeal. Also, be aware that timing is key: in some states, you have as little as 10 days in which to file your appeal.
If you have questions about what your state regards as good cause, your state’s unemployment office is the best resource.
While their websites have a great deal of information, a phone call is often the best way to get a clear and definitive answer to your questions.
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Can I Get Unemployment Insurance If I Quit My Job
Because of the Covid-19 emergency, many people are out of work and looking for unemployment insurance benefits. Many of the rules have changed because of this emergency. You may be able to get Unemployment faster and more easily than before. See Covid-19 and Unemployment Insurance.
If you quit your job and you want Unemployment Insurance , you must have had a good reason for quitting. There are two kinds of reasons the Department of Unemployment Assistance accepts:
If you left work for one of these reasons, then it was not your fault. But, you need to show that you tried to solve the problem before you left. Or, you need to show there was nothing you could do that would work. You do not need to show anything if you needed to leave work because of domestic violence or sexual harassment. You can only get unemployment benefits if you quit your job for reasons like these:
Suitable Work Can’t Put Employee’s Health At Unusual Risk
An employee might be able to refuse to return to work and receive benefits if the job site is unsafe.
Workers can’t refuse suitable work and continue to collect, Evermore says, “but if the job is truly unsafe, they may have grounds to refuse the reassignment. … If you are going back to work at a nail salon and every other salon in town is providing masks and protective gear, you have good cause to say ‘I cant go back to work here. Theyre not as safe as all the other similar jobs in town.’ “
Unemployment assistance specifically pegged to the pandemic is modeled on disaster-related aid. Under those standards, suitable work can’t be unusually risky to a worker’s health or safety, Evermore says.
Unusual risk may be defined differently depending on the state.
“I encourage people to check with the state agency before making a decision, because if they refuse work and their boss reports they refused, they can lose their unemployment check,” Evermore says. “It has to be clear … what suitable work is.”
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Additional Points To Keep In Mind:
- If you want to file a claim, do so as soon as you become unemployed. After you file your claim, there is a one-week waiting period before you can be approved for benefits. The waiting week does not begin until after your claim is filed. You will not be paid for the waiting week.
- Your employer does not decide whether you will collect benefits or not. Do not allow your employer to tell you that you cannot file a claim. Also, do not rely on your employer to tell you how or when to file a claim.
- If you are working part-time and you earn less than your weekly benefit amount, you may still be eligible to receive some benefits. When you file your weekly claim, it is important that you report all of your gross earnings, even if they are less than your weekly benefit amount.
- The following actions are considered fraud and may result in serious penalties: knowingly providing false information, or withholding information in order to receive benefits you are not eligible for failing to report all earnings and failure to report a job separation.
- If you believe you are entitled to benefits and are denied them, you may wish to contact an attorney.
Legal editor: Angela Ferrer, October 2019
I Quit My Job Because My Boss Changed My Job Duties Or My Pay Rate Or My Work Location Or My Hours Do I Qualify For Benefits
Maybe. This will depend on how significant the change is. The more drastic the changes, the more likely it is that you will be justified in quitting.
The general issue is whether a reasonable person would choose to quit their job rather than put up with the changes. Most people will not quit their jobs easily. So this can be a difficult test.
Here are some examples.
Change in Pay. You were hired at $10 an hour. The boss comes and says the companys having trouble, so your pay will be reduced to $8 an hour. Thats a substantial change. Virtually any significant reduction in pay will justify a decision to quit.
Change in Hours. You were hired for 40 hours a week. Now the company has cut you back to 30 hours a week. Thats a substantial change. Like reduction in pay, almost any real reduction in hours will justify a decision to quit.
Change in Work Location. You were hired to work at the main office, in the town where you live. The company later says you have to switch to a newly opened office which is 75 miles away. Thats a substantial change. That will probably justify a decision to quit.
- But closer the new location is, the less likely the change in distance will justify the quit. Theres no magic line or distance. The agency will consider other factors, such as the type of work, the rate of pay, or the prospect of getting another job.
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What If You Quit Or Were Fired
Workers who leave their jobs for personal reasons or who are fired may not be eligible for Unemployment Insurance benefits. If these circumstances apply to your application, we will need more information from you before we make a decision.
If you quit voluntarily
If you quit your job without “good cause connected with the work” you may not be eligible to receive benefits. “Good cause connected with the work” means that your reason for leaving must be directly related to your job, and be so compelling that you had no choice but to leave the job. While in most cases you cannot voluntarily quit a job and collect unemployment insurance benefits, where you can show unsafe, unhealthful, or dangerous working conditions, that were so intolerable that you had no choice but to leave the employment, you could be eligible to collect unemployment insurance benefits. The burden of proof is on you, the employee, to prove that you quit for good cause.
If you leave your job for personal reasons for example, to move out of the area your reason for quitting is not connected with the work. If you quit your job for better pay or more hours, you may be eligible for benefits under certain circumstances.
In both cases, a claims examiner will contact you by phone or email for a fact-finding interview to decide if you are entitled to benefits based on Unemployment Insurance law and policies.
If you were fired or discharged
There are two types of misconduct: misconduct and gross misconduct.
What Are The Requirements For Quitting And Collecting Unemployment
Many people wonder, Can you collect unemployment if you quit? If you quit your job, it must be for good cause to qualify for unemployment. If you voluntarily leave for other reasons, then you will not be able to receive unemployment benefits. This is why it is important to know the laws in your state before leaving your job. You might find yourself between jobs with no income and have a hard time making ends meet.
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If My Hours Are Reduced Or I Lose My Job Because My Employer Was Adversely Affected By Foreign Imports Can I Receive Any Additional Unemployment Benefits
You may be eligible for additional funds after your regular unemployment insurance benefits have expired, under the Trade Adjustment Act. Benefits could potentially include assistance for finding employment in a new area, training for a new job, or relocation to a geographic area where work is available. To receive these benefits, the Department of Labor must receive a Petition for Trade Adjustment Assistance- see your state unemployment insurance agency for information about this document. If this petition is approved, then you can file a claim with the US Department of Labor.