Separation from Work Unemployment Guidelines in Nebraska
Eligibility for EDD in Nebraska is first defined by how the applicant became separated from his or her job. Fundamentally, he or she must not have caused the separation from work.
If you have asked “What are the requirements to get unemployment?” an applicant could not have been fired, especially for gross misconduct. The burden of proof in this case is on the employer to prove that an employee was let go for acts or omissions that damaged the employer’s interest in relation to employment. Maximum unemployment insurance benefits payable may also be reduced when a disqualification is assessed.
For petitioners who want to know how to qualify for unemployment in Nebraska, most behavioral issues that cause the separation from the former employer will affect eligibility or the duration in which to receive benefits.
A candidate who qualifies for unemployment must be totally separated from his or her employer, or working reduced hours. A leave of absence, which is generally a mutual agreement between the employee and employer, does not qualify as a complete separation from employment. The Nebraska Employment Security Law requires a disqualification from benefits for any week in which the individual is on a leave of absence.
Eligibility Requirements for Unemployment Benefits in Nebraska
To be eligible for EDD in Nebraska, the former worker must be physically able to work and available for work four or more days of the week. An applicant is not considered able and available if circumstances such as lack of transportation, childcare problems, family care issues, sickness or injury would prevent him or her from working. Similarly, petitioners claiming benefits for unemployment are not considered available to work if they are incarcerated. Claiming benefits while incarcerated is fraud and may result in criminal prosecution.
For NE unemployment insurance eligibility, the UI petitioner is required to maintain an active NEWorks registration and online searchable resume while receiving benefits. If there is no activity recorded for 90 days, his or her unemployment registration and resume will expire. If this occurs, the applicant must update his or her information online. If the claimant is employed for or on behalf of an educational institution, benefits may be denied them between terms and regularly scheduled breaks.
To minimize the need for unemployment insurance coverage, the former worker is provided reemployment services by the Nebraska Department of Labor. This program selects former workers early in their unemployment and offers them job-seeker services. To remain eligible for EDD, if the applicant receives a notice that they have been selected for this, he or she is required to participate in the program. The Nebraska Department of Labor may contact the former employee and require that he or she provides additional information regarding the claim. If the claimant fails to report, he or she may be disqualified from benefits.
Regarding who qualifies for unemployment in NE, if a UI petitioner attended school regularly as a full-time student, he or she may be disqualified for benefits unless he or she was a student at the time they earned the majority of their wages in their base period. An exception may apply if he or she is enrolled in a training program which has been approved by the Commissioner of Labor.
Monetary requirements for unemployment in Nebraska
Nebraska unemployment insurance eligibility also states that the former employee must have met the minimum earnings requirements from insured work during the base period. These earnings requirements are adjusted annually, and for 2016, the minimum base period requirement is $4,107.61.
In addition, the claimant must have been paid at least $1,850 in one quarter and paid at least $800 in another quarter. These wages must be earned from employers required to pay unemployment insurance taxes. If the former worker is not sure whether his or her work was considered insured employment, he or she should file a claim and request weekly benefits. A wage investigation will then be conducted to determine if they are eligible to receive unemployment aid.