Unemployment insurance is a program that provides workers who lost their jobs with a weekly income during times of unemployment. The program is run and funded by both state and federal taxes paid by employers.
Once a worker is no longer performing personal services for pay, and a "work separation" has taken place, the worker is free to file an initial claim for unemployment benefits. Workers need to meet certain requirements in order to receive unemployment insurance benefits.
An employer can try and stop a former employee from receiving unemployment insurance by showing that the employee should be disqualified from such eligibility.
The employer will most likely prevail if it can show at least one of the non-exhaustive following circumstances applies to the termination of employment:
In the event of an unfavorable decision, states allow the claimant or the employer the right to appeal the decision within a specified period of time.
Unemployment insurance laws are complicated and vary from state to state. An employment lawyer can help you determine what benefits you are entitled to. An employment attorney can also help you file an appeal if you are found ineligible for unemployment insurance.
Last Modified: 03-14-2018 10:34 PM PDTLaw Library Disclaimer
We've helped more than 4 million clients find the right lawyer – for free. Present your case online in minutes. LegalMatch matches you to pre-screened lawyers in your city or county based on the specifics of your case. Within 24 hours experienced local lawyers review it and evaluate if you have a solid case. If so, attorneys respond with an offer to represent you that includes a full attorney profile with details on their fee structure, background, and ratings by other LegalMatch users so you can decide if they're the right lawyer for you.