Are You Filing for Unemployment?
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What Are Some Pointers When Dealing with Unemployment Claims?
An employee can sometimes collect unemployment benefits in certain cases of employee lay-offs. There are many different requirements and some specific guidelines for when a person can collect unemployment checks. Each unemployment case might be different. But generally speaking, unemployment eligibility requirements usually require that the worker:
- Had worked a specified amount of weeks during the year
- Had earned a certain dollar amount the past year
- Is actively looking for employment while out of work
- Was unemployed due to no fault of theirs
Thus, for instance, if a person was fired due to an intentional failure to follow company attendance policies, they might not be able to collect unemployment. But they might still be able to collect unemployment insurance if they were fired due to illegal discrimination.
When Can a Person Be Denied Unemployment?
Employers often have much discretion to fire an employee for whatever reason. Unemployment may be withheld if they were fired due to certain reasons. These can include: involvement in a fight or physical altercation, violations of company drug policies, excessive tardiness, lateness, or absenteeism, and falsification of work records.
Can Unemployment Benefits Be Accidentally Forfeited?
Certain actions can sometimes cause a person to lose their unemployment benefits. You might lose your rights to collect unemployment benefits or checks if:
- You rejected an offer by the company to work at another available job (such as at a sister branch or at a similar corporation)
- You rejected the employer’s offer to pay your wages during your time of unemployment
If a person rejected wage offers during the unemployment periods they could be charged with a violation if they proceed to collect unemployment benefits. This is also true if a person rejects an offer to work elsewhere but doesn’t mention this when applying for unemployment.
The worker can file a lawsuit if they have a legal if they have a legal dispute with their employer. This may result in a damages award if the court finds the employer responsible for the worker’s losses.
Do I Need a Lawyer for Help with Unemployment Issues?
Unemployment issues are sometimes complicated to understand. You may need to hire an employment lawyer for help, especially if you’re involved in a dispute or disagreement over unemployment matters. Your attorney can provide you with legal advice, represent you in court, and help you obtain the appropriate remedy for your particular situation. Unemployment laws can sometimes be subject to change, but your lawyer can help inform you of your options.
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Last Modified: 11-24-2014 12:09 PM PST
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