How to Get Unemployment Benefits

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Most Common Employment Law Issues:

When Are Employees Eligible for Unemployment Benefits?

Employees who are unemployed through no fault of their own are generally eligible for unemployment benefits.

How Do I Get Unemployment Benefits?

An employee who wishes to receive unemployment benefits must do the following:

  1. File a claim with the local unemployment office.
  2. Learn the requirements to determine whether you are eligible and qualify to collect unemployment benefits.
  3. Determine whether your past earnings meet the certain amount required.
  4. Make sure the reason for your leaving qualifies for you to receive unemployment benefits.
  5. Be willing to work and be ready to actively look for work.
  6. Complete the unemployment insurance interview with your state office, if required.

If you are denied unemployment benefits and you believe that you are entitled to unemployment benefits, you may file an appeal to be reconsidered. The appeal must be filed within 20 days after the original denial.

When Can I Be Eligible for Unemployment Benefits If I Quit?

Some reasons an employee who quits may be entitled to unemployment benefits include:

Would I Be Eligible for Unemployment Benefits If I Got Fired?

Employees who are fired or are out of work through their own fault are not always eligible for unemployment benefits. State law determines whether a employee who was fired would be eligible to collect unemployment. AN employee who is fired because they committed an illegal act on the job or a serious misconduct is ineligible to collect unemployment benefits.

Some types of misconduct that makes an employee ineligible to collect unemployment benefits include:

How Long Will It Take to Receive My Unemployment Benefits?

Soon after you become unemployed, you can file a claim for unemployment benefits with the state’s unemployment office. The state will determine whether you are eligible for benefits based on state law. Following this determination, you will receive a notice of eligibility.

Once you have been determined to be eligible to receive unemployment benefits, you should expect your first unemployment check 2-3 weeks after the application is filed. The process will take longer if you have not filed the correct information or if you have not submitted all the required information.

How Long Can I Receive My Unemployment Benefits?

The duration that you are eligible to receive your unemployment benefits for depends on where and when you file your unemployment claim. Generally, many states allow employees to receive unemployment benefits for up to 26 weeks or 6 months unless you find employment during that period.

If you are still economically struggling after 26 weeks and you have yet to find employment, the federal and state governments allow employees to file an extension and receive unemployment benefits even after the 26 weeks has expired.

Seeking Legal Help

If you need to take legal action against a former employer, you should contact an employment lawyer. You may also need a lawyer if complications arise when seeking to obtain employment benefits.

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Last Modified: 10-18-2016 12:13 PM PDT

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