This guide explains the usual steps that a person who is filing for unemployment benefits must go through. Your state unemployment laws control the details of getting unemployment in your state. This guide presents those things common to all states. You should look at your state's laws.
1
Are You Unemployed?
In order to get unemployment benefits a person must be unemployed and not listed on the employer's roster. An employee who is given a severance agreement may be kept on the payroll until the severance amount agreed upon is paid out. Employers do this in order to legally take the severance amount out of payroll, to make sure taxes are taken out of the severance amount, OR as a help to the employee along with out-placement services. Upon termination you need to know your final date as an employee. Getting a severance amount DOES NOT disqualify an employee from getting unemployment benefits.
2
Are You Able and Willing to Look for Work?
In order to get unemployment benefits the employee must be able and willing to look for work. If the employee was terminated due to being unable to work due to an illness or injury, the employee may not be able to work. This is an issue that the employee and their doctor need to address. An employee must also be willing to look for work, so someone who wants to go back to school full-time, stay at home with the kids, start their own business, or just retire may not qualify for unemployment benefits.
3
Did You Agree to NOT Seek Unemployment Benefits?
Some employer's will make it part of the severance agreement that the employee WILL NOT apply for unemployment benefits. If an employee has signed a severance agreement with that clause and then applies for unemployment benefits they MAY void out the entire severance agreement.
4
Applying for Unemployment Benefits and Dealing with the Investigator
The easiest way to apply for unemployment benefits is on-line at your state's unemployment benefits website. You may also want to go to a local unemployment office to apply. Once your application is received you will meet or speak with an investigator who has been assigned to your case. You may meet / speak with this investigator 2 or 3 times. The investigator will contact you employer. In most states the employer can very easily try to deny your application. Yes, some employers will even lie about the reason that you are no longer working with that employer. Why? Because the majority of states use the amount of unemployment benefits paid out in a calculation to determine how much taxes/fees will be charged against the employer.
5
The Investigator Accepts Your Benefits Application
If the investigator accepts your unemployment benefits application make sure that you follow the instructions for reporting what you are doing to look for a job. Hang on to all the evidence about the employers you have contacted. Your former employer may protest the investigator's decision.
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