Federal Unemployment Laws
Unemployment insurance benefits provide out-of-work people with income while they are looking for jobs. States require employers to pay into a statewide fund to cover employees. Each state sets most of its own benefit laws, so the exact qualifications can vary. However, federal law governs basic the beneficiary eligibility criteria and responsibilities.
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Job Loss Through No Fault of Your Own
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If you were laid off from your job through no fault of your own, you can receive unemployment benefits. Your employer must have terminated your employment because of reasons outside your performance or behavior. This includes the company going out of business, downsizing and other financial cuts. If you leave your job voluntarily, you must be able to prove that you risked physical or mental harm if you stayed on the job. Reasons that fall under this category include being sexually or otherwise harassed, or being unable to physically perform the work. Some states also allow you to collect unemployment if you had to leave the job to care for a family member and had no other options.
Let Go for Something Other Than Gross Misconduct
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You can receive unemployment benefits even if you were fired. However, you must have been fired for minor reasons, such as making an unintentional error, inability to fully perform the job or unable to work with coworkers. You must have made a good faith effort to fix the problems in order to receive benefits.
Most states do not allow you to collect unemployment benefits if you were fired for gross misconduct. However, the exact definition of gross misconduct varies by state and employer. In the broadest sense, misconduct is defined as an employee willfully disregarding rules or standard operating procedures and causing financial or physical harm to the business or his co-workers. This can include frequent absences or tardiness, giving company secrets to competitors, drug or alcohol intoxication at work, sexual harassment, making verbal or physical threats and fighting.
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Actively Look for Work
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You must be available for work and actively searching for a job every week you receive unemployment benefits. You must document your job search efforts and report to the unemployment office once a week to give updates on your situation. Depending on the state, you can give the report online, over the phone or in person.
Extended Benefits
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State unemployment programs usually provide up to 26 weeks of benefits. However, in times of high, long-term unemployment throughout the state or country, the federal government provides funding for states to provide unemployment benefits for up to 99 weeks. If you are eligible for extended benefits, your state unemployment office will notify you and continue your benefits automatically.
Filing a Claim
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Although the exact filing process varies by state, all claim filings follow the same general procedure. You must fill out an application on your state's unemployment office website or in person. The application asks for your name, Social Security number, former employer's name, address and phone number, your weekly pay, how long you worked before losing your job and the reason you were let go.
Once you turn in the application, the unemployment agency will contact your former employer to verify the information you gave. The agency will then make a decision on your claim. If it is successful, you will receive a notice detailing your benefit payment amount and start date. If the agency denies your claim, it will send you instructions on how to appeal the decision.
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