When workers are left without jobs, they can request to receive benefits from an unemployment insurance fund until they find another. All employers must pay unemployment insurance for each employee of your organization, payments that are then deposited in the state fund.
The former employees can receive unemployment insurance only if they lost their job due to a reason beyond them. The separation voluntary or dismissal due to inappropriate conduct makes the task of the employee to apply for benefits and employers have the right to challenge claims for unemployment when they consider that they are not valid.
[alert-note]This article gives an overview of the unemployment insurance (unemployment insurance, UI). See the section on unemployment Benefits FindLaw to obtain resources and additional articles.[/alert-note]
Unemployment insurance: the employee resigns
If an employee quits, will only be eligible to receive the UI if the waiver is submitted for a valid reason which, somehow, was the responsibility of the employer. To be eligible to receive unemployment benefits, it must be proven that the worker would have suffered some type of damage or injury if they remained in the employment. The pattern comes from the fact whether a reasonable person in the employment situation had remained in the employment.
For the reason of resignation of the employee to be valid, it must be urgent. Taking the decision to quit a job because it does not offer opportunities for advancement could be a good reason, but most courts will not consider compelling. Dissatisfaction with employment is not considered a reason for pressing to resign.
To be able to collect unemployment insurance, the reasons are compelling to give up a job may include the following:
- considerable reduction of hours or wages;
- threats of termination or choice of resignation;
- unsafe working conditions or hazardous.
Unemployment insurance: the employee is dismissed
If an employer stops earnings to an employee or significantly reduces work hours, the employee will receive unemployment benefits, as long as you have the seniority to be eligible according to the state program.
Unemployment insurance: the employee is fired
The employees who were fired can claim unemployment insurance benefit if the motives by which they were cast did not have to do with an inappropriate behaviour on your part. For example, if you cast it to an employee because the company had financial problems and had to reduce the size of the work force, then that employee has the right to receive the unemployment insurance. An employee laid may also be eligible to receive unemployment benefits if the employer had a reason valid to fire him, but the infractions were minor or the misconduct was not intentional. In other words, not all actions that result in termination are serious enough to qualify as improper conduct and to deny unemployment insurance benefit.
What provides the unemployment insurance
If approved your unemployment claim, you will begin to receive benefits on a weekly basis, after a waiting period of one week. That is to say that you will not receive benefits during the first week of unemployment. Unemployment benefits usually last 26 weeks, although this period may be extended when the economy is going through a bad time and the jobs are scarce.
The office that handles unemployment claims in each state will determine the amount you will receive per week, which is subject to tax. Mississippi pays $235, the amount of weekly minimum, while Massachusetts pays $635 (July 2013), the maximum amount.
If you are a federal employee, you may be eligible to access the program unemployment Insurance federal employees Unemployment Compensation for Federal Employees UCFE). While the program is in charge of the federal government, are the state regulations responsible for determining the amount of the claim and other eligibility requirements. The agency will ask you how you ended your employment relationship (dismissal by reason of, lost, etc) and then get in touch with your former employer to verify it.
How to file a claim
Each state has its own procedures for filing claims for unemployment, although they are all pretty similar. The majority of the states allow claimants to seek benefits for UI by phone, email or online. You must provide basic personal information (such as name, address, Social Security number, etc), as well as their work history.
Stages of a claim for unemployment insurance
While there are variations from state to state, a claim for unemployment insurance typical develops in the following way:
- The complaint is filed.
- The state agency takes an initial determination of whether the former employee is eligible to receive unemployment benefits.
- If there is a dispute, the employee and the employer have the forms and the relevant documents.
- If the matter remains unresolved, an arbitrator conducts a hearing on unemployment insurance, where both the employer and the former employee may call witnesses to support their positions.
- If any of the parties is in disagreement with the arbitrator’s decision, you may appeal to an administrative agency.
- If the employer or the former employee disagree with the decision of the review board, may appeal to the state judicial system.
Legal help for matters related to unemployment insurance
Have the right to receive the benefits of unemployment insurance employees who have been terminated, have been dismissed unfairly or forced to resign for a reason compelling. For help with the recent loss of a job, download the Guide on job loss FindLaw [pdf]. If you have questions about your rights under the unemployment insurance system in your state, contact a lawyer specialized in labor law near you.