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Unemployment benefits-the basics

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By Kentent



Unemployment insurance, which is another name for unemployment benefits, is temporary income for certain workers, in order to collect unemployment you have to be out of work through no fault of your own. In some cases, you can quit your job and still collect unemployment benefits, but there has to be a good cause for quitting your job. This means that you cannot quit your job because you are bored or unhappy, you must have a valid reason such as a family member's extended illness, and your caseworker will be the one to determine if you have a valid reason for quitting your job. Most people who are fired from their jobs are not eligible to receive unemployment benefits because they were fired for some type of misconduct. This does not mean that everybody who has been fired is ineligible for unemployment benefits. You can be fired from your job and still collect unemployment benefits if you were fired for a reason besides misconduct, most often that would be your job has become obsolete, or your position is no longer needed.

In order to receive unemployment benefits all of your work must be performed for a liable employer, in some cases the work that you perform for an employer is going to be excluded by law. Meaning the services that you are performing are not covered under the Unemployment Insurance Law because the earnings are not taxable, and/or they are not entitled to unemployment based on the services that they perform. The types of services that are excluded from unemployment benefits would be things like baby-sitters under the age of 18, golf caddies, casual laborers under the age of 21 who are doing yard work or other household chores, independent contractors, inmates, out of state employees, and licensed real estate brokers and sales associates. If the services that you provide your employer are covered under the Unemployment Insurance Law, it does matter if you work full-time, part-time, temporary, or on a casual basis because it is all covered.

In order to be eligible for unemployment benefits you are going to need to be one of the following:

  1. A United States citizen
  2. A lawful permanent resident
  3. Have a work authorization
  4. Permanently residing in the United States under color of law - you are eligible for this is the government is aware of your unlawful presence, but they are not actively pursuing your deportation.


Denied unemployment benefits

Even if you are eligible for unemployment benefits you can still be denied, many people are often turned down when they first apply. If you have been turned down for, unemployment and you think that the decision was wrong you could appeal that decision. Many people who are turned down for unemployment file an appeal to get their benefits. Filing an appeal allows you to tell your side of the story before a judge. The judge then makes the decision on whether you should receive benefits or not.

There are different reasons that the Department of Labor might turn down your claim for unemployment. If you are turned down, you will receive two notices in the mail: the Monetary Determination and the Notice of Determination of Ineligibility or Disqualification.

Monetary Determination:
The Monetary Determination might claim, "you do not have the required employment and earnings in the base period shown below to establish a claim as of the above effective date." Check over this notice to ensure that the information is accurate. If earnings from a job are not listed, it could be because your employer failed to report your earnings to the state. In this case, you will want to check the box that requests a reconsideration/hearing, write in your actual wages, and provide any documentation that you have. If you have recent earnings that are not listed and everything else is accurate, you might be able to qualify for benefits using the Alternate Base Method. What you will need to do is follow the directions on the notice for using the alternate base period. Make sure that you do this immediately because you only have ten days from the date the notice was ,ailed to send it back in.

Notice of Determination of Ineligibility or Disqualification:

This notice will give you a reason to why you are not eligible for unemployment. If what is marked as the reason is not true, you can still get benefits if you can prove your case to a judge. The most common reason is that your boss gave false information to the Department of Labor as to why you lost your job. For example, your boss says you quit when you actually were fired. You can even receive this notice a few weeks after you have started receiving benefits.

Regardless of which notice you get you want to make sure that you check the date on the notice because you only have thirty days from the date on your notice to request a hearing. In order to request a hearing you will have to do it in writing, which you will want to keep simple.

Just because you are eligible to receive unemployment that does not mean that, you are going to qualify for unemployment benefits. If you want to qualify for unemployment benefits, you are going to have to meet the specific requirements of your state, as well as some general requirements. To find out about the specific requirements for your state you will need to visit your state's unemployment office, their website or call them. Here are the general requirements that you are going to have to meet in order to qualify for benefits:

1. Lost your most recent job through no fault of your own, how you lost your previous jobs is not going to come into play.

  • If you lost your job because of an employer related reason, you will most likely qualify for benefits. For example, your employer is going out of business, laid off due to lack of work, or if your position was eliminated due to downsizing.
  • If you were fired for insubordination or misconduct, which means you intentionally, ignored the employer's rules, you will not qualify for benefits.
  • You do not qualify for unemployment benefits if you quit your job voluntary, unless you can show that you quit for a good reason. You will have to show proof that you quit for a good reason, such as abusive working conditions.

2. You must have earned a certain amount in wages during the past year, which will be your 12-month base period. You also need to have worked enough hours during the previous year; this is also your 12-month base period.

  • You had to have worked and been paid wages in at least two calendar quarters in your base period. A calendar quarter is a three-month period that begins with January, April, July, and October.
  • You had to earn a specific amount of wages in at least one of the calendar quarters of your base period. Check with your state unemployment office for specific requirements.
  • The total amount of the wages paid to you in your base period has to be one and one-half times your high quarter wages. The high quarter wages have a maximum amount allowed. For example, if the maximum amount allowed is $6,000, your wages are going to need to be at least $3,000 for each quarter.

3. You must currently be able to work at any job in your field. You must also be actively looking for work while you are collecting unemployment benefits.

  • You have to be available for work as soon as it is offered to you, but you also have to show that you are available for work by actively looking for work.
  • When looking for work you should look for work that matches your training and your experience. This means that to be considered actively looking for work you need to look for work in all of your most recent occupations.
  • If you are offered a job, you will need to take it. If you refuse that job, you might no longer be able to qualify for unemployment benefits. Each state has their own guidelines as to what kinds of jobs you need to accept and what you can turn down so that you can still qualify for unemployment benefits. Most states say that you can turn unreasonable job offers, such as lower wages than what is average in your field or even a further commute than what is average for your field. Check with your state unemployment office for their guidelines.

4. You have to be either fully or partially unemployed.

  • Fully unemployed means that you are not working at all. Not working at all means that you will qualify for full unemployment benefits.
  • Partially unemployed means that you are working part-time, but you have to be working less than 4 days per a week and you cannot make more than a certain amount each week. How much you can make each week is going to depend on the state that you are collecting unemployment benefits in. If you meet those guidelines, you will be able to receive partial unemployment benefits. Your benefits are going to be reduced by 25% each day that you work; the number of hours that you work will not come into account.



To get your unemployment benefits you are going to need to file a claim with your state's unemployment office. Most states allow you to file your claim online, over the telephone or in person at your local office. Once your claim is approved, you will be able to begin collecting your unemployment benefits.

You can collect your regular unemployment benefits for a maximum of twenty-six weeks, in most states. During times of high unemployment throughout the nation, a federal program can extend your unemployment benefits for an extra thirteen weeks. These benefits will not begin until after your twenty-six weeks are up. To find out if you are eligible for extended benefits you can contact your state's unemployment office.

When collecting unemployment your benefits are going to be less than what your previous wages were. Most states will pay you up to half of your earnings, but there is also a maximum amount allowed. The maximum amount that is allowed is usually based on the state's average weekly wage. For example, in New York you can collect a maximum amount of $405 per week, whereas in Arizona the maximum amount allowed is $205. When you are collecting unemployment benefits, you will have the option to have federal income taxes withheld from your weekly checks. This is a good option to consider because your weekly benefits are going to be subject to Federal income taxes. This means that they must be reported on your Federal income tax return, having no taxes withheld can mean you owe taxes at tax time.

You should file your claim for unemployment benefits as soon as you become unemployed, in some states you can file beforehand if you anticipate getting laid-off but you will not be able to process your claim until you have officially been laid-off. One of the reasons that you want to file your claim as soon as you become unemployed is because your first week is going to be a waiting period, you will not be paid for that week, filing as soon as possible means you get paid as soon as possible. Moreover, it is going to take anywhere from two to three weeks to receive your first check, so the sooner you get started the better.

Remember every state has their own specific guidelines when it comes to unemployment benefits. If you have, any questions you will need to contact your state's unemployment office for answers.

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