Unemployment Insurance FAQ
Q : What are the eligibility requirements for UI?
A : The eligibility requirements vary from state to state but most states look at four criteria, all of which have to be met:
1. applicant earned a minimum amount of wages within a specified period and/or worked for a minimum period in recent past (for example applicant worked at least twenty weeks at average weekly wage of at least twenty dollars);
2. applicant registered for work with the state unemployment office;
3. applicant is available for work; and
4. applicant is actively seeking employment.
Q : If a worker is covered under UI, is he automatically entitled to receive benefits if he is unemployed?
A : No. In order to receive benefits, a covered worker must meet the eligibility requirements and not be otherwise disqualified from receiving benefits.
Q : What will disqualify a worker from receiving UI benefits?
A : As a general rule, a worker is disqualified if he voluntarily quits without good cause or was fired for misconduct. In some states, even if a worker's conduct disqualifies him, the disqualification will last only for a specific length of time, after which the employee will be eligible to receive UI benefits.
The meaning of good cause varies greatly among the states. Some states consider certain types of personal reasons as good cause, such as having to care for a sick relative or following a spouse who has found work in another state. Most states, however, require that good cause be due to the employer's actions. For example, working conditions that are so bad that they would cause a reasonable person to quit would be considered good cause in some states. The "reasonable person" perspective is very important to a determination of good cause. It is not enough that a situation is intolerable to a specific worker; the conditions must be such that a reasonable person, in the same position as the employee, would feel compelled to quit.
The meaning of misconduct also varies by state, but generally incompetence alone is not considered misconduct. Violations of known company rules and insubordination are examples of employee behavior normally deemed to be misconduct.
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Family Legal Guide
Copyright © 2000, 2002 American Bar Association
