Frequently Asked Questions About Unemployment Insurance Benefits
Workers in the United States who have lost their jobs can file for an unemployment claim through their state Unemployment Insurance agency. However, prior to starting the application process for unemployment insurance benefits, you have to meet your state's qualifications. If you are granted unemployment insurance coverage, you have to meet the program's eligibility requirements on a regular basis in order to stay eligible. On the other hand, if you are denied unemployment benefits, you are within your rights to file an unemployment denial appeal. In certain extenuating circumstances, such as during high levels of unemployment on a state level, you can even apply for an unemployment extension. Due to the complexity of the U.S. Unemployment Insurance program, confusion may arise. Listed below are the answers to some of the most frequently asked questions about unemployment insurance benefits.
1. What are unemployment benefits?
Unemployment benefits are a form of financial assistance funded by the federal government and provided when an individual becomes unemployed through no fault of his or her own. Federal unemployment benefits are funded by taxes paid by employers, with no taxes deducted from a worker’s paycheck. Not all unemployed individuals are eligible for unemployment benefits. Each state sets its own eligibility requirements that must be met in order to file an unemployment benefits claim.
2. How often will I receive unemployment benefits?
Unemployed individuals can claim unemployment benefits for a limited amount of time, typically 26 weeks, although some states offer less or more time. In times of high unemployment, when individuals are not able to find a job for a long time, states activate special unemployment benefits extensions. However, this option is not regularly available, so citizens must make sure to find a job before their benefits expire.
3. How are unemployment benefits estimated?
Unemployment benefits are estimated based on the amount of earnings that you received from wages during your most recent working period, called the base period. Depending on the state in which you worked last, the period may be 52 weeks, 12 months, etc. The calculation also includes any commissions, overtime and bonuses that you may have received during this time.
4. Can I apply for unemployment benefits if I was fired from my job?
If you were laid off from your job through no fault of your own, you may be eligible for unemployment benefits. However, if you were fired as a result of misconduct or another subjective reason, you cannot claim unemployment benefits. Workers who have lost their jobs for objective reasons (i.e. the company does not have work to offer them or the company goes out of business) can apply for unemployment if they meet all other eligibility requirements.
5. Can I apply for unemployment benefits if I am not a U.S. citizen?
If you are not a U.S. citizen but would like to apply for unemployment benefits, you must present proof of legal immigration status and documents showing that you are authorized to work in the United States. The appropriate department responsible for unemployment insurance in your state will then verify your immigration status and determine whether you are eligible to apply for benefits.
How to Apply for Unemployment Benefits
6. How do I submit an online application for unemployment benefits?
You can generally apply for unemployment benefits via the internet in every U.S. state. However, the process to submit the online application may vary, depending on the policies of your state's Unemployment Insurance agency. The standard procedure requires you to go online and provide your state's UI agency with your full name, Social Security Number and date of birth. After logging on to the system, you can finalize your petition by answering several questions.
7. How do I reopen an existing unemployment benefits claim?
If you lose your job again or you become available for work, you can reopen your UI claim via the same methods used to submit it initially. Conversely, beneficiaries who have found a new job or workers who were unable to work due to an illness must stop submitting unemployment claims.
8. What information do I have to provide when I file for an unemployment claim?
In order to submit a successful application for unemployment insurance coverage, you must supply the necessary information to your state Unemployment Insurance agency. In general, you will be asked to provide your Social Security Number and your driver's license number for identification purposes. Then, you will be required to submit your personal information, such as your full name, date of birth and contact information, as well as extensive data about your former jobs and employers, such as dates of employment and reasons for leaving.
9. When will I receive my first Unemployment Insurance payment?
If you are not required to submit any additional documentation or answer any more eligibility questions, your state's UI agency will start processing your unemployment benefits claim. Depending on the administrative policies of the respective Unemployment Insurance agency, you will receive your unemployment insurance benefits within two to four weeks. States institute a one-week period of ineligibility. Therefore, you will not be paid benefits for the first week after you lose your job.
10. How can I check the status of my unemployment benefits claim?
As state Unemployment Insurance agencies offer an online option for filing unemployment claims, you can generally manage your unemployment application and check its status through the same internet service. To log on to the system, you will be asked to identify yourself by providing your SSN and the PIN number, which is generally obtained during your initial application. Your online unemployment benefits profile also allows you to request payments and check your payment history.
Denial of Unemployment Benefits
11. Why were my unemployment benefits denied?
The Department of Labor's general guidelines state that the main requirements for getting unemployment insurance are losing your job through no fault of your own and meeting your state's work and wage requirements. Therefore, if you were fired due to misconduct, or you voluntarily left your employment without providing a good reason for doing so, your unemployment benefits application will be denied. Also, if you did not receive a sufficient amount of wages in the period leading up to your dismissal, you will be denied unemployment benefits as well.
12. When do I have to file the unemployment denial appeal?
After you receive the notice of your denial, you will only be able to appeal it within a limited timeframe. This requirement varies from state to state, but you can generally file your unemployment denial appeal within 10 to 30 days of receiving the notice. In Texas, for example, you must submit your request in writing to the TX Workforce Commission within 14 calendar days.
13. What can I do if I do not appeal on time?
If you fail to appeal the denial of your unemployment claim within the allotted time, a late request may still be accepted if the rules and regulations of your state's Unemployment Insurance agency allow it. While some states unequivocally dismiss late appeals, other states permit you to apply for an appeal extension if you abide by their rules. For instance, if the Colorado Department of Labor and Unemployment receives your written appeal after the 20-day deadline, you will be required to provide a valid reason for the delay for your appeal to be considered.
14. What is considered wrongful termination of employment?
United States employers generally follow the at-will employment rules when hiring new workers. Based on this legal presumption, employers can dismiss their workers without notice of termination, and employees can leave their job without providing a notice of resignation, as well. However, certain exemptions exist in the form of wrongful termination, which is against the law. Examples of wrongful termination include when your employer:
Breaches a written or an oral agreement when he or she fires you.
Terminates your employment based on your race, sex, nationality, age, religion or disability.
Violates public policy or labor laws when firing you.
Fires you as a result of you filing complaints against him or her.
15. Can I appeal the judge's decision if my initial unemployment appeal is denied?
If the state denies you unemployment insurance benefits during your appeal hearing, you can submit another appeal at the second level of review. State Unemployment Insurance agencies that offer this option require you to submit the next-level appeal to your state's board of appeals within a limited timeframe.
Unemployment Benefits Extension
16. What is an unemployment benefits extension?
In times of high unemployment, states activate special unemployment benefits extensions that serve to prolong the time period in which individuals receive unemployment benefits. This is especially useful when unemployed individuals are unable to find work due to statewide unemployment. If you are eligible for an extension, the state department of unemployment insurance will inform you and encourage you to apply. However, currently there are no unemployment extensions active in the United States.
17. Who is eligible for an unemployment compensation extension?
Eligibility for an unemployment compensation extension is not based on the requirements for getting initial unemployment benefits. Thus, just because you were eligible for basic unemployment benefits does not mean you are eligible for an extension. To find out whether you can get an unemployment extension, contact your state unemployment insurance agency. Note that the amount of benefits you will receive during an extension period (if eligible) is the same as the amount of standard unemployment benefits you have been receiving.
18. How can I apply for an unemployment extension?
The application process for an unemployment benefits extension is different in each state. In some states, you may be automatically enrolled in the extension program if you meet all eligibility requirements. In other states, you may need to submit a special application online or by mail. Once you have done so, the state department of unemployment insurance will send you an acceptance letter and any accompanying paperwork.
19. How long is the unemployment benefits extension period?
Your state will activate the unemployment extension program only during periods of high state unemployment. The program provides up to 13 additional weekly payments of unemployment insurance benefits, beyond the standard 26-week duration. However, certain states also implement a supplementary program that provides an additional seven weeks of benefits if the unemployment rate rises to extreme levels. 20. What programs offer unemployment compensation extensions in the U.S.? State Unemployment Insurance agencies provide unemployment benefits extensions through the standard Extended Benefits (EB) program. The EB program is activated on a state level and only during periods of high unemployment.
Eligibility for Unemployment Benefits
21. Who qualifies for unemployment benefits?
Individuals who have become unemployed through no fault of their own can apply for unemployment benefits if they meet all eligibility requirements set by the appropriate department in their state. However, not all unemployed citizens are eligible for unemployment compensation. For instance, if you were fired from your job due to misconduct, or you were let go but your employer intends to replace you, you will not be eligible for benefits. On the other hand, if you were laid off as a result of a company shutdown or because your place of employment no longer had any work to give you, you may meet the qualifications necessary to get unemployment benefits.
22. What are the eligibility requirements for unemployment benefits?
If you became unemployed through no fault of your own, you can consider applying for unemployment benefits. However, unemployed individuals must also meet additional requirements to obtain unemployment insurance eligibility. Typically, each state establishes its own criteria, but in general, applicants must meet the following requirements:
Have sufficient earnings in your base period.
Be authorized to work in the United States (applicable to non-U.S. citizens).
Do not be convicted of any crimes.
Be actively looking for a job and be prepared to start work as soon as possible.
Be mentally and physically able to work.
23. When should I apply for unemployment benefits?
If you have recently become unemployed, you can apply for benefits as soon as you are aware of your eligibility. However, unemployed individuals who are currently anticipating their last day of work cannot apply before they are officially unemployed. You must already be laid off and without work at the time of application.
24. What do I need to file a claim for unemployment benefits?
Every state has set unemployment insurance eligibility requirements, including necessary documentation. Thus, the documents and information needed to apply for unemployment benefits may differ from state to state. In general, however, applicants must submit the following:
Full name and residential address
Social Security Number
Last date of work and reason for unemployment
Information on all employers, such as company names and addresses, employment durations, wages, payment methods, etc. Depending on your state, additional documents may be required.
25. What if I am found ineligible for unemployment benefits?
If you were denied unemployment benefits due to ineligibility, you can appeal the state’s decision. Typically, you have 10 to 30 days to file a complaint and request a hearing, during which you can present your case. Note that even after the hearing, you may still be found ineligible by the state.