Employment Law

Unemployment Benefits Requirements

Key Takeaways

  • In most states, to get unemployment insurance benefits you have to have lost your job through no fault of your own.
  • To continue getting benefits, you have to continue to report looking for jobs weekly or biweekly.
  • If your unemployment benefits are denied, you have a limited time to file an appeal.

Unemployment compensation provides qualified unemployed workers with financial and work search support. Unemployment benefits are a federal government program. States administer the program in conjunction with the U.S. Department of Labor. 

This page gives an overview of unemployment benefits. Unemployment programs vary by state. Consult a local unemployment law attorney to give you the best advice about your unique circumstances if you are having trouble securing unemployment benefits.

Unemployment Eligibility

Each state has the autonomy to make its own rules for eligibility and administration of unemployment insurance (UI). Unemployment insurance programs differ by state. There are many factors used to determine UI benefits, the weekly benefit amounts, the duration of benefit payments, and the base period used to determine eligibility.

Generally, you must meet the following criteria to qualify for UI:

  • Be a citizen or have the legal right to work in the U.S.
  • Have lost your job through no fault of your own, like through a layoff but not quitting
  • Have worked for a minimum amount of time at your job as defined in state law (most states require a minimum number of calendar quarters)
  • Have earned enough wages during a base period
  • Be physically able to work
  • Be actively searching and immediately available for suitable work

Independent contractors, part-time, temporary, and self-employed workers are eligible for unemployment benefit programs in some circumstances.

Eligibility rules can be confusing. Most states post an online unemployment compensation frequently asked questions (FAQs). You can use these to find additional information about your state’s unemployment assistance program. State official websites also include agency contact information and phone numbers for help.

Unemployment Eligibility When Employees Quit

If you quit your job, you are typically ineligible for unemployment benefits. There are limited exceptions when you leave a job for good cause. States define “good cause” in different ways. Generally, it is a condition that would have caused you harm if you did not quit.

For example, Indiana lists the following as examples of good, work-related reasons for quitting a job:

  • Your employer arbitrarily changed work conditions
  • Harassment
  • Domestic or family violence
  • Moving to follow a spouse accepting a new job
  • Military service

Unemployment Eligibility When Employees Are Fired

You are eligible for unemployment benefits if you are fired only when you are not at fault. If you are at fault, you are not eligible to receive UI benefits. Examples of employee misconduct include excessive absences, intoxication on the job, or sexual harassment.

Unemployment Eligibility When There Are Layoffs

Laid-off workers are generally eligible for UI. If you lose your job in a layoff or experience a significant reduction in hours, you are typically eligible for unemployment benefits. However, you must meet all other state eligibility requirements.

How Do You Maintain Eligibility for Unemployment Benefits?

Unemployment insurance only provides temporary relief. You must periodically recertify your eligibility to continue receiving checks, direct deposit, or UI benefit debit cards.

After filing an initial claim, you may have to continue filing a weekly claim. The process varies by state. They typically require you to report your job search activities for the prior week and any wages earned for the previous period.

Reporting job search activity includes disclosing jobs applied for, interviews, offers received, and if you turned down any employment opportunities. Turning down an offer of suitable employment can result in a loss of benefits in some states. If you receive UI benefits when you are not eligible, you may be responsible for returning any overpayments.

While most states require weekly reporting, some states require reporting online every two weeks. Many states also require beneficiaries to register with the state workforce center.

When Can You Get a Waiver for Unemployment Requirements?

States or the federal government can waive the unemployment requirements under exceptional circumstances. This includes when there is an emergency that forces companies to shut down for some time. For example, states waived their work search requirements during the COVID-19 pandemic.

Additionally, many states waive the work search requirements for workers who are temporarily laid off or seeking work through a union hiring hall.

Can You Appeal a Denial of Unemployment Insurance?

Most states give claimants the right to appeal a denial of unemployment insurance benefits. Depending on the appeal, the state may approve your claim if you provide additional supporting documentation. The state may also hold an appeal hearing over the telephone or in-person to determine eligibility. You may also request to have your case heard before an administrative law judge.

The process for filing an appeal also varies by state. Most states allow claimants to file their appeals online by mail or fax. Some states also permit filing in person. 

You must file the appeal within the state law-required time limit. This could be as short as seven days or as long as 30 days. Talk to an employment lawyer to make sure you file your claim in time and get advice about what makes for a successful appeal.

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