Unemployed or Laid Off? Steps for Getting Benefits
www.erollover.com

For many Americans, the current recession is their first brush with unemployment.

What happens if you land part-time work while collecting benefits? What if your employer challenges your claim? Do you even qualify?

Fortunately, the process of filing for unemployment is becoming far more streamlined, requiring little more than a phone call or online application in many states.

At the same time, Pres. Obama’s $787 billion stimulus bill just extended the number of weeks Americans can file for unemployment benefits and pumped more money into the system, granting eligible recipients an extra $25 per week.

Here’s how to get what’s coming to you—and how to avoid the biggest mistakes.

Eligibility

Each state administers its own jobless program, operating under federal guidelines, and each has its own laws for determining eligibility as well as benefit amounts and duration.

A list of contacts for unemployment agencies in all 50 states, plus Puerto Rico and the U.S. Virgin Islands, is available online.

By and large, though, you will only be able to collect unemployment if you lost your job through no fault of your own.

If you quit because you didn’t like your boss, you’re out of luck – though agencies do make an exception if you can prove you had “good cause” for walking away. Normally, that includes things like unsafe working conditions or the employer’s failure to follow wage-and-hour laws, but the burden is on you to make your case.

You must also be actively seeking work by making reasonable efforts to find employment. Criteria vary by state.

Just be sure to keep a log of every place you’ve sent your resume and each interview you’ve had. You’ll need to have it if you’re summoned for an eligibility review.


Benefits

The maximum weekly benefit available varies by state.
In California, for instance, it is $450, while in Louisiana, it is $284.

Just because you qualify for unemployment, however, does not mean you are entitled to collect the maximum benefit.

To determine your eligible amount, most state agencies will assess your wages during the first four of the last five calendar quarters—also known as your “base period.”

You will receive a percentage of your weekly wage (usually 50 percent) while you were employed.
It is possible to work part-time or in a temporary job while continuing to collect benefits, but you must report your earnings which, over a certain amount, will be deducted from your benefits.


Employment Law

If your application for unemployment benefits gets denied, because you quit without good cause or were fired for misconduct, you do have the right to appeal.

Typically, your state will schedule an informal hearing before a state official, which may be done by phone, at which time you should present all evidence and testimony to support your case.

That includes written documents, such as personnel files, time cards, letters from your employer, evaluations, testimony from witnesses and personal testimony.

If the decision is again made to deny your claim, you have one shot left—a second appeal with the Board of Review, which typically does not conduct hearings and decides the case based upon previously submitted evidence.

One final note: After you file for unemployment benefits, your employer does have the right to challenge your claim, on grounds you either quit without good cause or were terminated for misconduct.