Questions About Getting Fired
If you are fired from your job, the unemployment agency will examine whether you were terminated because of misconduct or because of other factors. These other factors may include poor performance or not having the necessary skills to adequately perform the job. In many states, misconduct is defined narrowly, and is restricted to egregious behavior such as theft, violence in the workplace, flagrant disregard of safety policies or repeated violation of workplace rules over time.
If your discharge was because of an accusation of misconduct, you might need to answer a series of questions about the incident or incidences. The interviewer needs to ask these questions to determine whether or not your behavior meets the threshold of misconduct, or whether your dismissal was because of a performance issue that was mostly out of your control.
Examples:
Interviewer: Why were you fired from your job?
You: I was promoted to the sales job six months ago. Unfortunately, despite my best efforts, I was never able to meet the monthly goals. Although I had hoped to be able to return to my previous position — which did not involve sales — that department had reductions and no openings were available for me.
Question : Did You Work Between Mm
If you did any work between the designated dates, answer YES and report what you earned. If you know you will not have work the following week, immediately follow steps to REOPEN/REASSERT THE CLAIM.
If you received holiday/vacation/sick pay from your employer during this week, report that information here.
Unemployment Benefits Extended 13 Weeks:
Pennsylvanians who have an expired Unemployment Compensation claim or have exhausted their benefits under an existing claim can receive an additional 13 weeks of benefits through the new Pandemic Emergency Unemployment Compensation program.
Under the new program, if an individual has an open claim and exhausts their benefits, the additional 13 weeks will be automatically added to their existing claim. If a claimants benefits have expired, they must submit an application for the extended benefit online or mail a paper application.
Benefits will be available retroactive to the benefit week ending April 4. The extended benefits will be available through December 26 for claimants who have exhausted regular benefits.
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I Would Rather Stay On Unemployment Is It My Choice
I was laid off, I am now collecting unemployment and my employer applied for the PPP loan AFTER they laid me off. I am actually making a lot more money on unemployment, so if they get the loan and want to bring me back, am I required to take my job back?
Answer from Nick Oberheiden:
If an employee has been laid off, he or she cannot be forced to accept a new position with the company. However, in order to remain eligible for unemployment benefits, a former employee must be available to work, which means that he or she must be actively looking for employment and not suffering from a disability or other medical condition that impairs his or her ability to work. If a former employee declines an offer for a position that he or she is capable of filling, or if the company hires a replacement employee, then the former employees unemployment eligibility could be terminated.
It is also important for former employees to keep in mind that the additional $600 per week they may be receiving under the federal CARES Act expires on July 31, 2020. Once this expires, unemployment benefits will return to their normal below-wage level.
I Had To Quit My Job After My Daughter Was Diagnosed With Cancer Can I Get Unemployment Benefits
It depends on your state’s eligibility rules. In every state, an employee who quits a job voluntarily, without good cause, won’t be allowed to collect unemployment. But each state has its own definition of good cause for quitting. In some states, employees may collect unemployment only if they quit for reasons related to the job, such as intolerable working conditions or a medical condition caused or aggravated by the job. Other states allow employees to collect unemployment if they quit for compelling personal reasons, such as domestic violence or serious illness in the family. For more information, see Nolo’s article Unemployment Benefits: What If You Quit?
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Question : Were You Attending School Or Job Training
If you are a student and just filed this unemployment claim as a result of the coronavirus emergency, and the Division of Unemployment Insurance has not reviewed your school status, please answer NO to this question at this time.
If you are a student who filed an Unemployment Insurance claim prior to this emergency, and have already provided the department with your school information, and your school is currently closed due to the coronavirus, please answer this question in the same manner you would have prior to the school closing.
Common Unemployment Claims Questions And Answers
Being unemployed is stressful, and sometimes the unemployment benefits process can add to that stress. It can be difficult to get through to the unemployment office to get help with your questions or resolve issues with your claims.
During times of high unemployment, the process of filing can be even more difficult. Wait times are often longer, and online systems become overwhelmed by the volume of applications. Economic crises can strain application systems that were intended for a far simpler process.
If you are having a problem getting through to unemployment, or an issue with your unemployment claim, the following FAQ will help you navigate the unemployment system and get some answers.
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Questions Asked When You File A Claim For Unemployment Benefits
You will answer yes or no during the application process:
Are you receiving or will you receive subsistence from your employer?SUB pay plans are submitted to the agency by the employer to be approved.
Did your last employer say you would be called back? This question is asking you if you have a definite return to work date within 10 weeks. If you do have a return to work date within 10 weeks answer yes.
Are you receiving retirement pension other than Social Security? Are you receiving a pension from a previous employer?
Are you receiving Workers’ Compensation?
Do you currently have a part-time job?
Have you filed a claim against any state in the last 12 months?
Did you work in Tennessee during the last 18 months?
Did you work for an employer outside of TN during the last 24 month?If you have worked in another state you may have eligibility in that state. Every state has its own guidelines and weekly benefit amounts.
Did you work for the Federal Government as a Federal civilian employee during the last 18 months?If so, was your duty station in Tennessee?
Did you serve on active duty with the military during the last 18 months?Only active duty where you received a DD-214 is covered for unemployment purposes. Title 32 orders under 90 days are not covered for UI purposes.
Are you a member of the military reserve or National Guard?
Do you get your job exclusively through a hiring Union?If so, please enter union name abbreviation and union number.
What If The Person I Talk To Can’t Answer My Question
Even once you reach someone in the unemployment office, it’s possible they will not have the answers to the questions you are asking. Don’t give up.
If you can’t get the answer you want, Shahrzad Arasteh, the founder of Career Consulting Services, recommends asking to speak with a supervisor or someone who reviews cases. If the supervisor is not there, leave your number and ask that they call you back. If you don’t hear from them in a day or two, call the unemployment office again. It may also be a good idea to ask an employee there when the supervisor will be in next so you can wait or call back at a better time.
If you still can’t get the answers you’re looking for, Arasteh suggests getting in touch with someone at your state’s department of labor, explaining your issue, and asking for help.
The unemployment benefits claims process can be frustrating at a time when more frustration is the last thing you need in your life. But patience and persistence will pay offliterally.
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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.
Theres Not Enough Work At Our Workplace Can My Employer Make Me Make Up Hours Off The Clock Later
Is an employer allowed to bank hours that you dont work and have you pay them back later if they pay you your full 40 hour weekly amount, but you end up not working all those hours in a week because either your business is not busy enough or you cant keep proper social distancing with your coworkers?
Answer by Travis Hockaday:
Employees must be paid for time worked.
Employees classified as exempt under the Fair Labor Standards Act must be paid their full, predetermined salary for any workweek in which they perform any work, regardless of the number of days or hours worked, unless a specific exception under the FLSA applies.
Employees classified as non-exempt under the FLSA must be paid at their hourly rates for all time worked, and for overtime if applicable. Non-exempt employees should not be asked, required, or permitted to work off the clock under any circumstances.
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If Youre Unemployed Read This: Dol Releases How
The New Jersey Department of Labor & Workforce Development in an effort to help speed claims through the system gave input Wednesday on how to answer the seven qualifying questions that are required by the federal government to ask claimants each week.
The certification questions have proven an obstacle for tens of thousands of filers per week because of their work situation. For example, a worker who expects to be recalled to their job after COVID-19 should nonetheless answer yes to the question Were you actively seeking work?
Answering the certifying questions incorrectly will delay payment of benefits.
Thats why the Labor Department has created a how-to guide to walk claimants through the questions. The how-to guide will pop up whenever claimants certify for weekly benefits online. It also is available on the departments website.
The certification questions and interpretations are as follows:
Ask Your Legislators For Assistance
Your state representative may be able to help you get in touch with the unemployment office. In New York, for example, many legislators are assisting unemployed workers with claims issues to get on a list for callbacks from the Department of Labor. Here’s how to find your representatives. Be prepared to share your claim details and your contact information when you call or email.
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Answers To Your Most Pressing Unemployment Questions
When Congress created the Pandemic Unemployment Assistance program as part of the CARES Act, it made unemployment benefits available to the self-employed as well as certain workers who may not be able to work for a variety of coronavirus-related reasons. Pandemic Unemployment Compensation added an additional $600 weekly payment through July 31, 2020, to certain eligible individuals who are receiving other benefits, and Pandemic Emergency Unemployment Compensation extends certain benefits.
All of these programs provide some welcome relief to those who qualify. But theyve also created lots of questions from small business owners and their employees. Here, legal experts tackle questions you may be hearing from your employees or wondering about for your own business.
Please note: The opinions in this article are for informational purposes only, are general in nature, and should not be relied upon or construed as a legal opinion or legal advice. Employers and employees should consult their own attorney for advice about their specific situation.
Many business owners and their employees affected by COVID-19 have questions about unemployment and … PPP loans.
What Not To Say In An Unemployment Interview
There are certain things that you should probably not say or do during an employment interview if you are hoping to impress the interviewer and have your claim approved:
- Don’t repeat yourself. For example, if the interviewer asked you if there’s anything else you would like him to know, only provide additional information if you haven’t already stated it during the conversation.
- Don’t provide irrelevant details. Answer the question the interviewer asks of you.
- Don’t express hostility toward your previous employer or the interviewer. If you left because of negative working conditions or you are disputing your employer’s version of events, remain professional and avoid demonizing your supervisor, company management or your coworkers.
- Don’t respond with an answer that you aren’t sure of. If you don’t know the answer or you can’t remember a specific detail, say so. Doing otherwise could make you seem untruthful.
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Are You A Business Owner Looking For Assistance
The can help keep employees attached to your workplace by allowing an employer to temporarily reduce work hours rather than resorting to layoffs. You can reach the Shared-Work team at .
However, if you are a business that has had to close either temporarily, consider layoffs, or is financially at-risk for permanent closure the Rapid Response Assistance Program is available to assist you with a variety of services and resources to help you and your employees. You can reach the Rapid Response team via email at .
Additional resources for businesses are available through the PA Department of Community and Economic Development.
If you earn your primary income from working in your own business or farm, you may be eligible for Pandemic Unemployment Assistance , which was created as part of the federal CARES Act that became law on March 27, 2020. The Department will provide information about how to apply for PUA on our website as soon as it becomes available.
PUA is a separate program from regular UC. Small business owners and self-employed individuals are not eligible for regular UC.
Student Health Plans And Aca Compliance: New Relief For Educational Institutions
Educational institutions face unique issues when complying with the requirements of the Affordable Care Act . One such issue relates to the administration of student health insurance plans. On February 5, 2016, three federal agenciesthe U.S. Department of Labor , Department of the Treasury, and Department of Health and Human Servicesreleased Notice 2016-17, which provides temporary transition relief for student health plans with premium reduction arrangements covering employees of the school.
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Understanding The Certification Questions
By certifying, you are declaring by law that you meet the eligibility requirements to be paid unemployment benefits.
The fastest way to certify is in UI OnlineSM. You can certify while in school or training, to report work and earnings, and when updating your contact information. You can also certify by phone using EDD Tele-CertSM.
Avoid payment delays! Your claim can be delayed if you answer questions incorrectly. Review the following for help answering the certification questions. You can also view Unemployment Benefit Certification Question Information .
What Happens To Workers Who Are Brought Back At Reduced Pay
Im currently on unemployment and my employer got approved for the PPP loan. He stated when the funds come in I can no longer collect unemployment and told me that I will be working 20 hours a week instead of 40 hours a week. Im a server. I will not be making enough to get by. Will I still be eligible for unemployment?
Answer by Travis Hockaday, Attorney at Smith Anderson:
Workers who are working reduced hours as a direct result of COVID-19 may be eligible for unemployment benefits, and should apply if they believe that they may qualify. For instance, in North Carolina, an employee working reduced hours because of a COVID-19-related reason may still be eligible. However, according to the North Carolina Division of Employment Security, the amount of money that these employees earn while working their reduced hours could affect their weekly benefit amounts. They can earn up to 20% of their weekly benefit amount without the earnings counting against their weekly benefits earnings over that amount are deducted from the weekly benefits. These workers must report the money they are earning on their weekly certification reports for unemployment benefits.
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What Happens If My Employer Brings Me Back To Work And Pays Me Back Pay For Time When I Was Collecting Unemployment
My employer laid us off on March 19 and directed us to apply for unemployment. I got a call on April 17 saying they were getting the PPP loan and they may pay us on April 24. I had been on unemployment before this. We did end up getting the payment from my employer on the 24th but we have not been asked to come in and work. How do I report this on my weekly claim to unemployment? Would it be considered a severance payment? Can I still receive unemployment?
On my weekly unemployment claim there is no option for reporting this. It only asks if we worked. And on the pay stub I was sent it says the pay period was for 4/6 to 4/19 but I already filed claims for those weeks before I even knew about this. Will I have to pay my UI benefits back?
Answer from Ian Meklinsky, Partner, Fox Rothschild:
In the event your employer returns you to work and pays you back pay for some or all of the time you were laid off/furloughed, in most states, you are technically required to repay your unemployment compensation benefit at least with respect to the time period your employer is paying you retroactively for. With that said, states may not have the bandwidth to pursue repayment of the unemployment compensation benefits, but you should be prepared to repay.
