This process is known as certifying for benefits. Report work and wages correctly while receiving benefit payments. Note: You must serve a one-week unpaid waiting period on your claim before you are paid UI benefits. The waiting period can only be served if you certify for benefits and meet all eligibility requirements for that week.
Your first certification will usually include the one-week unpaid waiting period and one week of payment if you meet eligibility requirements for both weeks. The waiting period has no effect on the maximum benefit amount on a claim. Certify for benefits every two weeks to continue receiving benefit payments. If you have a Pending status for any weeks on your UI Online Claim History , we may need to confirm your identity or eligibility before we can process payment.
For more information, visit Claim Status: Pending Payments. It takes at least three weeks to process a claim for unemployment benefits and issue payment to most eligible workers.
When your first benefit payment is available, you will receive a debit card in the mail. Once you activate the card you can track, use, and transfer your benefit payments. Your card is valid for three years from the date it is issued and is used for all EDD benefit programs, so you should keep it until it expires. Step 1: Receive Notification of a Claim When an employee files for unemployment, the employer will receive a notification from the state unemployment commission.
Step 2: Verify Details of the Claim The separation report from the unemployment commission typically contains general facts regarding employment and the event that resulted in the claim.
Employers should follow these steps: Check to ensure that the individual on the claim was, or is, an employee of the organization. Step 3: Determine Whether the Employer Wishes to Appeal the Claim Generally, when an employer decides to participate in a fact-finding hearing conducted by the unemployment commission, it does so because it feels the claim is unwarranted.
However, it is important to remember that an employee has a legal right to receive unemployment if: The employee has lost work through no fault of his or her own, such as through a layoff. An employee generally does not have a right to receive unemployment benefits in the following circumstances: The employee voluntarily left his or her job.
Examples of willful misconduct include: Intentional violation of company policies or rules. These are standards that any workplace would require but may not be explicitly stated in company rules, such as: Sleeping on the job. Being intoxicated or testing positive for illegal substances.
Lying or falsifying information. Using abusive or offensive language. Step 4: Gather Evidence If the employer has determined that the employee does not have a right to unemployment based on its understanding of the facts surrounding the claim, the next step is to gather the evidence necessary to make its case to the unemployment commission. The employer should gather all written evidence pertaining to the facts of the case such as the following: Attendance records.
A resignation letter. A letter from the employee requesting a reduction in work hours. Some tips for participation include: Prepare.
Step 6: Receive the Determination After the hearing is complete, the unemployment officer will usually tell the parties when they should expect to receive a determination in the case.
Sample Scenarios to Assist with Determining Participation in Claim Hearings These scenarios may assist employers in determining whether there is good cause tocontest a claim; however, only the unemployment commission can make a determination regarding benefit awards, and the commission may disagree with an employer's opinion regarding unemployment eligibility.
Determination In this scenario, John has lost work through no fault of his own. Determination In this scenario, Sally has willfully left her employment with ABC Company, and ABC Company should participate in the fact-finding hearing and explain to the unemployment commission that Sally would still be employed with ABC Company had she not voluntarily resigned from her position.
Example 4 Scenario Bob is currently going through a divorce and now has child care issues that he did not experience previously.
Determination Bob has willfully reduced his hours; therefore, he would not be eligible for unemployment compensation. Example 5 Scenario ABC Company is experiencing a slowdown in sales and would like to temporarily reduce the hours of the sales team from full time to part time. Determination Because the sales team has lost hours and wages through no fault of its own, team members may be eligible for partial or supplemental unemployment income.
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Unemployment Insurance, also called UI, is a benefit that people earn while they are working. It is designed to be paid out to unemployed workers who lose their jobs through no fault of their own. UI provides jobless workers with income to replace part of their wages. While UI and PUA both offer financial assistance to workers who are out of work or have less work, PUA has specific restrictions that may limit its benefits and coverage for example, your unemployment must be a direct result of the COVID pandemic.
Also, the PUA program is time-limited to the end of the calendar year. This benefit was provided by the federal government, up until July 25 th for most people. At this time, this benefit has expired. Expiration of this benefit should not impact your eligibility to continuing receiving your regular state UI benefits or PUA benefits. UI rules are different, depending on what state you work in. In most states, you must meet certain requirements, such as earning a minimum amount of money in a year, working a minimum amount of time in the last 12 to 15 months, having an acceptable reason for losing your job, and being available to work.
We recommend you apply and let the state UI agency go through the process of determining your eligibility. You may be eligible for PUA if you are self-employed, an independent contractor, freelancer, worker seeking part-time work, or a worker who does not have a long-enough work history to qualify for state UI benefits.
To receive PUA, you will have to show that you are unemployed, your hours have been reduced, you are unable to work, or you are unavailable to work because of one of the following circumstances:. If you have a Form W-2, you are an employee. If you have a Form , you likely are an independent contractor—but not necessarily. Many employers intentionally misclassify their workers as independent contractors to avoid paying payroll taxes. In that case, you may be considered an employee under the law and eligible for UI.
Even if you do not have a Form W-2, the agency can decide on your employment relationship based on several factors. Those factors differ from state to state, but can include how much supervision your employer has over your work and the type of work you do.
Independent contractors and self-employed workers may qualify for PUA due to being out of work as a result of the coronavirus pandemic. It depends on what state you are in, but you may be able to get UI even if your hours have been reduced and you are still working.
After that disregard, your UI benefit amount is reduced by however much of your former income you earned. If you earned more than the allowed limit for people collecting partial UI, you will not be eligible for a UI check for that particular week.
You may be eligible for PUA benefits even if you are still working, but it depends on the state where you are employed. You will still need to show that your hours or pay have been reduced for one of the COVID related reasons. Workers who are unemployed through no fault of their own should be eligible for UI. Misconduct is different from poor job performance. Some examples of misconduct are repeatedly not showing up to work without notice; constantly being late; intoxication on job; insubordination; dishonesty; or conduct in violation of criminal law.
It really depends on how the state where you work defines misconduct. As long as you are not working because of the coronavirus pandemic, it is not as important whether you were actually fired, laid off, or furloughed. Many people are being told by their employers that they will be called back to work, but there is no guarantee of that.
You should apply for UI to see if you are eligible. The state UI agency will have to decide if you faced a credible health concern that made you quit your job or had caregiving responsibilities that qualify you for PUA.
In general, you may be eligible for PUA due to concerns about coronavirus exposure only if you have been advised by a healthcare provider to self-quarantine because of such concerns. For example, you may be eligible for PUA if your immune system is compromised because of a serious health condition, and your healthcare provider advises you to self-quarantine to avoid the serious health risks of COVID Another example where you may be eligible for PUA is if you were diagnosed with COVID by a qualified medical professional, and although you no longer have COVID, the illness caused health complications that make you unable to perform your job, with or without a reasonable accommodation.
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