Whatis An Unemployment Claim
Anunemployment claim is essentially an official request for cashbenefits by a worker after becoming unemployed. Individuals willsubmit unemployment claims to the labor office in the state wherethey live. They must provide information about the claim, includingtheir contact information, Social Security number and details aboutthe former employment.
When You Might Need A Lawyer For Your Unemployment Claim
Filing for unemployment benefits is usually a relatively straightforward procedure. In most states, you can file your claim online. Check your state’s unemployment insurance agency to find out how to apply. If you were laid off from your job, you probably don’t need to consult with a lawyer about applying for benefits.
However, some situations present issues that are more complicated. For example, if your state allows you to file for benefits if you resigned for “good cause,” you may want to find out if quitting to care for an ill family member qualifies as “good cause.” Or, if you were fired for being late to work, you may want to know if this qualifies as “misconduct,” which would disqualify you from receiving benefits. An employment lawyer in your state will be able to answer these kinds of questions.
You may have already filed and received a denial of benefits from your state unemployment insurance agency. If you are considering appealing this decision, you may want to hire a lawyer to represent you in the appeal.
An appeal of an unemployment insurance denial may involve a hearing before an administrative law judge and could even result in a filing with the superior court. Your former employer will likely have its own lawyer’s assistance at this stage , which can involve preparing a “writ” . Although unemployment appeal hearings are less formal than court proceedings, your chances of winning your appeal are greater if you have legal advice.
Can You Get Unemployment If You Quit
Dena Standley | December 06, 2022
Summary: Applying for unemployment benefits may come to mind quickly if you are fired. But you may also qualify for the payout even if the decision to resign was yours. Whether you are eligible depends on why you quit. It could be the employer’s fault or personal safety reasons, but the department must investigate your claims before approval.
Unemployment benefits temporarily cover a portion of your wages if you lose work. The insurance typically covers employees who were laid off or furloughed.
But what if you quit? You could still receive unemployment provided the state considers your reason for leaving good cause. A good cause for quitting means that you separated from the employer for valid reasons and that the cause could not be resolved with the employer.
Although unemployment insurance laws vary by state, Americans across the country can expect the general rules to apply. This article looks at situations when you may be eligible for unemployment upon quitting.
Also Check: How Do I File For Unemployment In Florida Online
Can I Sue The State For Not Paying My Unemployment Benefits When I Am Getting Letters In The Mail That I Can Collect
- on Apr 10, 2012
- Selected as best answer
I would agree with Ms. Gill. The issue here is not whether you can sue the state, the issue should be, how can you get to the money you feel you should get. You will probably need to file sme form of formal request or application for unemployment. Making phone calls gets nothing on paper and doesn’t ensure that the right person speaks to you. You should search for an unemployment law attorney and discuss with them how you should go about re-applying for unemployment. You may need to appeal a denial if you have already re-applied. Search for an unemployment law attorney on this site or call your local bar association and have them refer you to one. Best of luck,
Unemployment Insurance Law: The Claim And Appeal Process
The Texas Legislature established the Texas Employment Commission in 1936 in response to federal legislation mandating unemployment compensation systems in all 50 states. In 1996, the Legislature created a new agency, the Texas Workforce Commission , rolled TEC into the new agency, and added several new programs, but TWC has retained the responsibility for the state unemployment compensation program. The agency is headed by a board consisting of three members appointed by the Governor to staggered six-year terms. One board member represents labor, another represents employers, and the third member represents the public at large. Although TWC administers several employment law statutes, the majority of the agency’s resources are devoted to carrying out the Texas Unemployment Compensation Act .
Once an appeal has been filed, the Appeals Department will either dismiss the appeal, issue an on-the-record decision, or set up an appeal hearing. It will dismiss the appeal if it is filed outside the 14-day appeal period. It will issue an on-the-record decision affirming the late protest ruling if the employer fails to disagree with the fact that it filed a late protest to the initial claim notice. In all other cases, the Appeals Department will mail notices of the appeal hearing to the claimant, the employer, and any representatives they may have designated.
Recommended Reading: Can I Apply For Disability While On Unemployment
Filing A Claim For A Personal Injury
When States Cut Off Covid Benefits Early Us Must Pay
- Lawsuit seeks to represent residents of 20 GOP-led states
- Plaintiffs say COVID relief law mandates benefits
– The U.S. government has been hit with two proposed class actions seeking to hold it responsible for paying unemployment benefits under last year’s COVID-19 relief law to residents of states that ended the benefits early.
The lawsuits, filed Monday in the U.S. District Court for the Western District of Texas and the Court of Federal Claims, both say the Coronavirus Aid, Relief, and Economic Security Act, which was enacted in March 2020, made payments to people who lost their jobs as a result of the pandemic mandatory under the law, even if state governments decided to stop administering them.
The U.S. Department of Labor, which oversaw the so-called Pandemic Unemployment Assistance at the federal level, did not immediately respond to a request for comment.
Twenty-five Republican-controlled states, including Texas, Georgia and Iowa, cut off some form of COVID relief benefits before they were set to end under the CARES Act in September. Twenty of the states cut off PUA, according to the lawsuits.
While workers have sued some of those states, Danny Rosenthal of James & Hoffman, a lawyer for the plaintiffs, said he believed Monday’s lawsuit was the first seeking recovery from the federal government.
The plaintiffs did not say how much money they were seeking for the class. All of the individual plaintiffs are seeking under $10,000.
Read more:
You May Like: How To Sign For Unemployment
Examples Of When To File A Wrongful Termination Claim
One example of when you may be able to claim wrongful termination falls under subsection of Floridas Unemployment Compensation Lawa violation of an employers rule. If the employers rule is not lawfulfor example, it violates the Occupational Safety and Health Administrations safety rulesthen you may be able to prove that you were working under unsafe conditions and move forward with a lawsuit.
Other examples of wrongful termination may involve retaliation from an employer after an employee filed a complaint after they had been dealing with sustained sexual harassment at work over a period of time that included inappropriate sexual comments or touching. It is also not an uncommon occurrence for workers to be targeted for taking time off to have a baby or take care of a sick or injured spouse or another close family member through the Family Medical Leave Act .
If you feel that you were unfairly denied unemployment benefits or wrongfully terminated through no fault of your own, it may be in your best interest to contact an unemployment law attorney.
Check out these related blog posts:
Overtime and Tips: How Does It Work In Florida?
Fired During the Pandemic Without Warning? Why You May NOT Have a Case
Employers Have Financial Incentives To Fight Claims
Many employees wonder why their former employer is involved in their claim at all. After all, if you have already lost your job, why is your former boss trying to deny you your much-needed unemployment benefits? The reason is relatively simple: Massachusetts employers may be required to pay more in insurance taxes if their former workers obtain unemployment benefits.
Unfortunately, in some cases, this system leads some unscrupulous employers to behave badly, trying to protect the finances of the company to the detriment of former employees. Indeed, potentially, your initial unemployment benefits claim may be approved and it may be your employer that requests a hearing to try to appeal the decision. Regardless of how your case gets to a hearing, your ex-employer is likely to be represented by a legal professional during that part of the process. As such, it is critically important that you have an experienced Springfield employee rights lawyer by your side as well.
Also Check: How Do You Sign Up For Unemployment In Illinois
We Use Insights To Persuade Your Opponent
We bargain from a position of strength.
Our job is to convince your employer to change its beliefs and behavior through argument instead of force. When we base our argument on principles of fairness, evidence and legal insights, we will likely succeed. If your employer will not be persuaded, however, a judge or jury will listen to reason and force your employer to pay wages and benefits to which you may be entitled. Our opponents understand that we will always bring them to court when necessary.
Recommended Reading: Va Unemployable
What Can An Employee Do If An Employer Is Not Paying Correctly
An employee can suspect that their employer is not paying correctly if their paycheck does not seem right. Employees cannot assume that their employer is always right when it comes to paying correctly, most employers end up underpaying their employees either by accident or on purpose. Employees could be getting paid less than the minimum wage or be cheated out of other wages or compensations.
Things to look out for include:
Once an employee has determined that their paycheck/pay-stub is incorrect and that their employer is not paying correctly, there are steps they can take:
Read Also: How Much Is Federal Unemployment Tax
When Can I Get Unemployment Benefits If I Quit
The Unemployment Insurance application seems straightforward on paper. You must meet the basic requirements, such as the minimum residence period, base period minimum earnings, and ability to work.
However, questions arise that may require you to have additional information. The following are some cases when you may receive unemployment after quitting.
What Happens When Your Unemployment Claim Is Contested
If your employer contests your claim for unemployment, your case will be reviewed by an investigator from your state department of labor. The investigator will analyze the information provided by the employer and may interview the employer to gather additional insights.
You may be contacted to answer some questions about the circumstances surrounding your separation from the job. Make sure that you respond quickly, thoroughly, and honestly to any requests for information. The staff from the unemployment office will then make a determination on whether or not you are eligible for benefits.
If you are accepted for benefits, the employer can still request a hearing to appeal the decision. If you are denied benefits, you will receive written notification of that decision, which will include information regarding the appeals process and the deadline for filing an appeal.
Also Check: Job Search Activities For Unemployment
The Fight To Keep $300 Per Week Hinges On State Labor Laws
Under the terms of the CARES Act, states could elect to participate in the additional unemployment benefits offered by the federal government . Last spring, every state agreed to administer the additional benefits.
But once ARPA went into effect, about half of governorsmostly Republicansdecided to drop that agreement, which is permitted with 30 days notice to the U.S. Department of Labor. They cited quickly rebounding employment in their states, alongside a worker shortage that has stymied businesses ability to generate revenue during the recovery, as grounds for ending the benefits early.
Stopping federal benefits early means some workers, including many self-employed gig workers, will lose unemployment payments completely, having exhausted their state eligibility already.
But state lawsuits, filed by or on behalf of workers, lean on state laws instead of federal ones. Many states have provisions in their unemployment laws that say a state must protect the welfare of its unemployed workers, explains Jenna Gerry, a senior staff attorney at the National Employment Law Project , a nonprofit workers rights organization.
Many of these laws also state that the state agency that administers the unemployment insurance must cooperate fully with the Department of Labor to implement unemployment insurance, she says. In Indiana, the language is even more explicit, saying the state has a duty to maximize the federal benefits that its residents can receive, she explains.
No Benefits In Indiana
A state judge ruled last week that Indiana must continue paying pandemic unemployment benefits to roughly 230,000 Hoosiers. But theres been no indication that the state Department of Workforce Development has complied with that order, according to Jennifer Terry, a staff attorney with Indiana Legal Services, one of the two firms representing the plaintiffs.
Jobless workers filed a lawsuit last month, arguing that the move violates a state law that requires Indiana to procure all available federal insurance benefits to citizens, according to the firms.
In its response, the state said that Indiana law does not require the governor to enter into agreements with the federal government to secure all unemployment benefits. Also, the plaintiffs downplay dramatically what it would take the restart the payments, which would entail reentering a contract with the US Department of Labor, reprogramming the state unemployment agencys computer system and redetermining eligibility of claimants.
Spokespeople for the state agency and Republican Gov. Eric Holcomb did not return requests for comment.
But the agency told the IndyStar earlier in the week that it is determining how to proceed because the federal programs no longer exist after their termination on June 19. There is no action that a claimant needs to take right now. Updated information will be provided on DWDs website.
This story has been updated with additional developments Saturday.
Don’t Miss: How To Get Ahold Of Unemployment
What Doesnt Count As Wrongful Termination
Most workers in the United States are employed at will, which means that their employers can fire them for any reason, or no reason at all, provided that the reason isnt discriminatory.
This means that its usually legal for your employer to terminate your employment unexpectedly, without advance warning, and to decline to provide a reason for your termination.
In fact, many employers choose to offer as little notice or explanation as possible, even going so far as to characterize the termination as a layoff, rather than take the risk of violating the law by providing a reason that later turns out to be discriminatory.
Unless you have an employment contract or collective bargaining agreement that mandates a certain amount of notice, its legal for your employer to fire you without notice.
They are also not obligated to provide you with an opportunity to correct issues pertaining to your work performance before terminating your employment.
Dont Miss: If I Get Fired Do I Get Unemployment
Working Around State Sovereign Immunity
Also Check: How To Get Approved For Unemployment In Texas
