The agency may also contact your last employer to ask about your earnings, job tenure, and the reason why you are no longer employed there. If your employer contests your claim, the agency may hold a hearing, by phone or in person. For example, if you claim that you were laid off, but your employer claims you were fired for stealing from the company which would make you ineligible for unemployment benefits , the agency will have to hear evidence to decide who is telling the truth.
Some states impose a waiting period, typically no longer than a week, before you can receive benefits. If your state is one of them, you will have to wait a bit longer to get paid. If you complete your claim application correctly the first time and there are no eligibility issues for the agency to sort out, you should receive your first unemployment check within a few weeks or so after you file. If there are any glitches along the way, such as a mistake on your claim form, an argument with your employer over eligibility, or conflicting evidence about your earnings, the process could take quite a bit longer.
For state specific information on unemployment benefits, visit Nolo's Collecting Unemployment Benefits page and select your state. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
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Delete canceled. Please log in as a SHRM member before saving bookmarks. If the unemployment office determines that you are not entitled to receive benefits, you can appeal that determination. A hearing will then be held, which can be months after the appeal is filed. A Referee will question the parties and witnesses to make a determination on the claimant's right to benefits. If you show at the hearing that you were fired without good cause, you will be entitled to back benefits, but only for those weeks in which you filed an application for benefits.
You may choose to contact an attorney to represent you during the hearing. Before contacting a lawyer, you should consider the cost of retaining legal representation.
However, unemployment hearings and appeals can be challenging. For this reason, legal representation can be important, especially if you believe that you were unlawfully terminated and are contemplating a lawsuit.
An attorney will help you prepare in advance of the hearing and guide you through the proceeding. The hearing can provide a preview of the employer's defenses to your claim. If you are denied benefits, the attorney can help begin the appeals process. People often believe that when they are initially denied benefits, re-applying every week is useless or unnecessary. This is not true. If you plan to appeal the denial of benefits, you must continue to file requests or applications for benefits and meet all of the other requirements for obtaining benefits.
Be sure to pay attention to the deadlines for filing appeals. For more information, see our site's appealing a denial page. If you quit your job, you are not entitled to unemployment compensation unless you quit for a good cause. In most cases, the employer has created an environment that has made employment difficult, such as permanently reducing the employee from full-time to part-time or providing unsafe working conditions.
Ordinarily, you must give your employer the opportunity to correct the intolerable condition. Likewise, in a unionized setting, you can seek the assistance of your union in correcting the condition. However, you should still apply for benefits, because the state may agree that you had good cause to quit.
In any event, you have nothing to lose by applying. Once you apply for benefits, you will need to periodically certify that you are ready, willing, and able to work in order to continue receiving benefits, and you may need to provide evidence of your job search. Most states allow for certification by telephone, mail, or Internet.
Click on your state in the map at the bottom of this page for a link to certify for UI benefits online. Most states require you to continue following the normal procedures for weekly or biweekly certifying for UI benefits, even if you are not receiving the benefits because the state agency has determined that you are ineligible.
If you do not follow the certification process, you may win your appeal on eligibility but not be able to collect the benefits for the time you were challenging the determination. To prove that you are ready, willing, and able to work, you will usually be required to check in with a UI representative to confirm that you are actively looking for work. It is very important to keep track of all of your job search activities including submitting job applications, sending out resumes, and attending job interviews.
States will use this information to verify that you have been looking for work. If you receive a job offer of "suitable employment," you may become ineligible if you refuse the job. Where you are subject to a collective bargaining agreement, it may be a good idea for you to pursue through your union a grievance relating to your discharge at the same time as you are pursuing an unemployment compensation claim.
Consult your union and your collective bargaining agreement about the filing of a grievance. In a unionized workplace, reinstatement through the grievance-arbitration process may help to establish the absence of fault or just cause. However, while discharged union employees should certainly pursue this option, it may not determine your eligibility for unemployment insurance.
Know and follow the rules. To receive compensation, you must meet all of the eligibility requirements of the state in which you reside. This means taking care to follow all the proper procedures. Keep copies of all documents you give to the unemployment agency, and request copies of all other documents in your file. Fill out the application completely, and correctly. Be on time for all appointments. Waiting is better than being told to come back another day, or losing your benefits altogether.
Look for work. At a minimum, you must make the number of applications required to maintain your eligibility for benefits. However, we encourage you to search diligently for work. Keep detailed records of your job search.
Record the date, name of the company, how you applied mail, telephone, or in person , the name of anyone at the company that you spoke with, and whether you received a response to your application.
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