What The Hearing Is Like
The hearing may be held in person or by phone. If the hearing won’t be in person, find out how you can submit your documents. Prepare to explain why you had to quit. If the employer claims that you quit voluntarily, be ready to explain why that’s not true. You may find it helpful to make notes of all the points you want to cover at the hearing, so you can make sure you don’t leave anything out.
How Does Unemployment Work
Unemployment insurance is a joint federal-state program providing short-term cash benefits to jobless workers while they seek new employment. State law decides who can receive benefits, how much and for how long, determined by looking at earnings and hours worked during a base period.
Eligible workers in most states will receive cash payments for up to 26 weeks while they look for work. However, nine states provide fewer than 26 weeks and two states provide more. Extended benefits programs also exist in four states.
Businesses fund unemployment programs by paying taxes known as FUTA and SUTA taxes. Unemployment claims have the potential to trigger increased unemployment insurance tax rates for business owners, so its important to understand how the system works in order to avoid costly mistakes.
Can I Get Health Insurance If Im Unemployed
Yes. If youve been furloughed instead of laid off, you can continue to receive health coverage from your employer. Otherwise, you may be eligible for continuation of health coverage through the Consolidated Omnibus Budget Reconciliation Act or coverage from the health insurance marketplace. Some states and the District of Columbia have opened their health insurance marketplaces to allow people to buy coverage before open enrollment, which usually occurs in the fall.6
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Do You Have Good Cause To Quit
If you left your job to pursue other opportunities, change careers, start your own business, or go back to school, you didn’t have “good cause” to quit. These are all very good reasons to leave a job, but they don’t entitle you to collect unemployment benefits. Good cause means you really didn’t have another choice.
In some states, benefits will be paid only to those who had job-related reasons for quitting, such as unsafe working conditions. In other states, an employee who has compelling personal reasons to quit will also be eligible for benefits.
Here are some situations in which you might have good cause to quitand be eligible for unemployment benefits:
Your state may define good cause more generously. For example, some states provide benefits to an employee who quit to move with a spouse who has accepted a job in another state or has been reposted by the military.
To find out what your state considers good cause for quitting, contact your state’s unemployment insurance agency.
How Do I File For Unemployment
You have to apply for unemployment compensation in the state in which youve been working. If you recently worked in a different state than the one you currently live in , your home state’s employment department can direct you to information about applying for benefits in another state.
The application will ask questions about your most recent employer, the addresses and dates of your former employment, and your personal information. To ensure the fastest processing time possible, make sure your application is complete and accurate before turning it in. Processors say the more straightforward your application is, the faster they can process it.8
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How Long Will It Take To Receive Unemployment Benefits
Usually, there’s a one-week waiting period before you can begin receiving unemployment benefits, followed by an additional week or two before your first check arrives in the mail. Because unemployment offices across the nation are seeing historic numbers of applications, however, it may take longer to process your request.
What Does It Mean To Be Monetarily Eligible
Monetary eligibility simply means that you have worked and earned enough wages within your base period to meet the requirements for establishing a claim. You must have filed a valid claim and met the requirements for eligibility and qualification to receive benefits.
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Im A Tipped Worker Do I Still Qualify
Yes. Tipped workers qualified for benefits even before COVID-19 and should continue to be eligible for Texas benefits or federal stimulus bill benefits. Your employer is supposed to report all of your income, including tips. If your employer didnt report any or all of your income you should still qualify for benefits under the federal stimulus bill because it doesnt require any earning history. But you will need to provide documentation showing that you worked if your employer did not report any earnings to the TWC.
A Family Member Is Still Recovering From Covid But My Boss Told Me I Need To Return To Work If I Refuse Can I Still Get Unemployment Benefits
Yes. However, there are conditions you have to meet to remain eligible for unemployment benefits:
The family member must live with you
The family member must have tested positive for COVID-19 by a source authorized by the State of Texas
The family member must not yet have recovered and
14 days must not yet have passed.
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Unemployment Is Available Only To Those Who Have Earned A Certain Amount Or Worked A Minimum Amount Of Time Before Losing Their Jobs
Updated By Aaron Hotfelder, J.D., University of Missouri School of Law
If you’ve recently lost your job, you may be eligible for unemployment benefits. To get benefits, you must meet your state’s eligibility requirements.
Although each state has its own rules, every state requires applicants to have had some recent connection to the workforce before they were unemployed, either by earning a minimum amount, working a minimum amount of time, or both.
These rules are intended to prevent those who have been out of the job marketraising children or attending school, for examplefrom collecting unemployment, until they’ve rejoined the workforce for a while.
Learn How Much You Can Expect In Unemployment Benefits And For How Long
By Aaron Hotfelder, J.D., University of Missouri School of Law
Unemployment insurance is a joint federal-state program that provides temporary benefit payments to employees who are out of work through no fault of their own. If you’re applying for benefits, you might be wondering how much money might be heading your way.
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Which Documents Do I Need To File An Unemployment Claim
As with other parts of the unemployment program, required documents vary by state, but some may ask for some combination of the following:
Driver’s license or state-issued ID card
Social Security number
Your previous employer’s federally issued identification number
Your work history over the past two years, which should include each employer’s business name and address
Remember that to continue to receive weekly benefits, you may be asked to file a new claim every one or two weeks.
Unemployment Insurance Frequently Asked Questions
Use this list of Frequently Asked Questions for answers to common unemployment insurance questions. Don’t see your question or answer? Please call UI Customer Service at 1-866-239-0843 between 8 a.m. and 4:30 p.m. Monday through Friday.
Q) When should I file an application for benefits?
A) File an initial claim the same week you are unemployed or working reduced hours. Do not wait until you have returned to work to file your claim. Your unemployment insurance claim DOES NOT begin on the date your job ended or your hours were reduced. Your claim is effective the Sunday of the week you apply.
Q) How do I apply for benefits?
A)You will first create a user name and password on the Unemployment Benefits Online Application System and then complete the application. It is recommended you complete the application on a computer rather than on your phone because of the amount of information required. If you do not have access to a computer, you may use computers at any IowaWORKS location or at your local library. See Steps & Responsibilities in the online handbook section. If you need assistance or your claim involves military, federal, or out-of-state wages, call UI Customer Service at 1-866-239-0843 between 8 a.m. and 4:30 p.m. Monday through Friday.
Q) What information do I need when I apply?
Q) What happens after I submit my application for unemployment benefits?
Q) How can I reopen my unemployment claim?
Q) Why do I need to register for work?
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I Did Not Apply For Unemployment Benefits Until A Week Or More After I Lost My Job Will I Get Benefits From The Date I Lost My Job Or The Date I Applied
Because of the unprecedented number of applications for unemployment benefits caused by COVID-19, the TWC will pay benefits starting on the date that a worker lost his or her job as far back as March 8, 2020, not the date the worker applied. It may be necessary to call the TWC to receive backdated benefits.
Proving You Had Good Cause To Quit
If you claim that you were forced to quit, you’ll probably have to go through a hearing process to qualify for unemployment benefits. When an employee is laid off or fired for reasons other than serious misconduct, most employers don’t contest the employee’s claim. Even though unemployment claims cost employers money, there’s no good reason to fight an eligible employee’s claim for benefitsand little hope of succeeding.
If an employee claims he or she was forced to quit, however, the employer might have more incentive to contest the claim. The employee won’t be eligible for benefits if the employer convinces the hearing officer that he or she quit voluntarily.
And, no employer wants to admit that an employee was constructively discharged . Many employers will choose to fight this type of claim, hoping that they can win and avoid setting the employee up for a wrongful termination lawsuit.
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When Should I File A Claim For Ui Benefits
You should file a claim for benefits if you have become unemployed through no fault of your own, you are willing to register for work and actively seek employment, and you are able and available to work if any work is offered to you. NOTE: If you are still employed, but are temporarily laid off due to a decrease in workload, your employer may file an attached claim on your behalf. Attached claims do not require that you register for work or actively seek work. If your employer refuses to file an attached claim on your behalf, you must file your own claim and meet all eligibility requirements.
As An Employer What If The Claimant Is Not Claiming Benefits Against My Account
You should respond to all requests for information regarding a claim from DES. Neither claimants nor employers get to choose which employer is charged for a claim. This is determined by the Employment Security Law. All employment within a claimants base period and a claimants last employment before filing a claim are considered.
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How Long Unemployment Benefits Last During The Pandemic
Under the Pandemic Emergency Unemployment Compensation program, workers can qualify for an additional 13 weeks of benefits on top of their state coverage.
While the federal government issued guidance to states on about how to implement extended coverage under PEUC, not all states have made it available months later.
According to a U.S. Department of Labor spokesperson, eight states still have not begun administering this extended benefit as of June 18: Alaska, Arizona, Arkansas, Colorado, New Hampshire, Vermont, Virginia and Wisconsin.
If workers live in a state where their extension of unemployment under PEUC is less than 39 total weeks, they can apply to make up the difference under the Pandemic Unemployment Assistance program.
That means, no matter where you live, you can likely qualify for a total of 39 weeks of unemployment coverage. In Montana, residents can qualify for 41 weeks.
Extended unemployment coverage is also available to workers who were out work prior to the pandemic. People who have been unemployed and exhausted their state benefits as far back as July 1, 2019 can apply for PEUC todayto receive 13 weeks of federally funded benefits. These workers will also receive $600 per week from the government for their benefit period until July 31.
How To Collect Extended Unemployment Benefits
How you will collect extended benefits will vary based on your state. In some states, you wont need to do anything. You will automatically be paid for the additional weeks. In others, you may need to apply.
- If you are currently collecting unemployment benefits:Benefits are provided through the state unemployment offices, and information on eligibility will be posted online. If you are eligible, you will be advised on how to collect when your regular unemployment benefits end.
- If you have exhausted unemployment benefits:Long-term unemployed workers who have already exhausted state unemployment benefits may also be eligible for additional weeks of benefits. Check with your state unemployment website for eligibility criteria in your location.
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I Was Already Receiving Benefits Before Covid
Yes. The federal stimulus bill will give you 13 additional weeks of unemployment. This is called Pandemic Emergency Unemployment Compensation . You do not need to reapply if you ran out of benefits on or after July 1, 2019. Just keep requesting payments every two weeks. You are probably eligible if:
Your original claim was dated on or after July 8, 2018
You exhausted all entitlement to regularUIbenefits
You are not eligible for benefits in any other state or territory
You will run out of your current benefits at any point before December 20, 2020
You are not receiving compensation under the UC laws of Canada and
You are able to work and available for work.
If you meet the above criteria, the TWC will notify you by mail or electronic correspondence, and you should not attempt to apply for benefits again. If you submit another application, you may delay TWCs processing of your application.
After you exhaust those 13 weeks under the federal stimulus bill, you may then qualify for another 13 weeks under Texas law. This is called Extended Benefits. You do not need to reapply. Just keep requesting payments very two weeks. The TWC should automatically review your claim to see if you are eligible for additional weeks of benefits. But if they do not or say you cannot keep receiving benefits, you may need to call them to ask them to review your claim for Extended Benefits.
On December 27, 2020, a new pandemic relief bill was signed into law.
What Kind Of Work Must I Accept
You must accept any suitable work during your first 10 weeks of the benefit period based on such factors as your experience, customary occupation, prior earnings, etc. During the remaining weeks, any suitable work must be considered. NOTE: Suitable work will be any work offered that pays 120% of your weekly benefit amount beginning with the eleventh week after you file your claim.
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Who Is Eligible For Unemployment Benefits
Not everyone who is unemployed is eligible for unemployment benefits. Unsurprisingly, there are a lot of rules surrounding who can claim it, but in general, qualifying for unemployment is based on why the employee was let go.
To be eligible, an individual must be out of work for reasons beyond their control. Examples include layoffs, downsizing, lack of available work or furlough, such as due to COVID-19. They must also meet work and wage requirements, plus any additional requirements mandated by their state.
If an employee quits a job by their own choice, they typically wont receive unemployment benefits. However, if employees can prove good cause to quit, such as unsafe working conditions or harassment, they may still be eligible. March 2020s CARES Act expanded good cause possibilities to include pandemic-related reasons, like the need to care for a family member who tested positive for COVID-19. Those expanded benefits expired on September 6, 2021, yet there is always the possibility for more changes.
Terminated employees have certain rights, one of which is the right to receive unemployment compensation, if they qualify.
There are also several forms of misconduct that would exclude a fired employee from collecting unemployment benefits:
- Failing a drug test or reporting to work intoxicated.
- Safety violations.
- Sexual harassment.
- Causing abuse or harm to other employees.
I Tried To Apply Online But It Says My Social Security Number Is Already In Use How Did This Happen And How Can I Fix It
This could have happened because:
You have an old claim you dont remember
Your identity has been stolen
You submitted a claim under a previous name and forgot or
Someone accidentally entered the wrong SSN and it was yours and the TWC hasnt caught the error.
This problem can only be fixed by calling the TWC at 939-6631 it cannot be fixed online.
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Who Is Eligible For Extended Unemployment Benefits
What benefits are unemployed workers eligible for? Ordinarily, workers in most states are eligible for 26 weeks of unemployment benefits, although some states provide less coverage. Montana is the only state that provides more with 28 weeks of unemployment benefits.
In times of high unemployment, the federal government provides funds to the states to extend unemployment insurance programs for additional weeks of benefits beyond what each state offers.
Check with your state unemployment office for information on the availability of extended benefits in your location. You can find a directory of offices on the Department of Labors CareerOneStop Unemployment Benefits Finder.