Applying For Unemployment Benefits After Losing a Job

After getting laid off, you may feel depressed and overwhelmed. It's a natural reaction. Many people feel like they've lost a part of their identity when they lose a job. That, and an unwelcoming job market, can make job loss traumatic. The next logical step is to apply for unemployment benefits, also known as UI benefits. But, you must join other claimants and act quickly to ensure you get the most out of your unemployment insurance benefits.

Here, you will find key information about eligibility requirements and how to file an initial claim for unemployment compensation. You can also get advice from a lawyer for denied benefits or a dispute with your former employer.

How To Apply for Unemployment Benefits

Each state has its own unemployment insurance program. It verifies who is eligible for benefits.

First, you must fill out a form to ask for help from your state's labor agency. This form will ask for your contact information, details about your last job, and why you are not working there anymore.

After that, someone from the labor agency will check this information with your former employer. They might want proof like recent pay stubs or your Social Security number.

Getting approval for your request is essential to start getting unemployment money. It doesn't matter when you lost your job or how much you've looked for a new one. The first step is having a good cause for leaving your job, which is crucial to getting unemployment benefits.

In some states, the first week of your unemployment period is a waiting week. You may not get benefits during this time but must still request payment to continue the process. During this time, you can also make sure you received your last paycheck from your former employer.

How Long Do I Have To File for Unemployment?

The timing depends on your state, but most state insurance programs are flexible. Many states allow applicants to backdate benefits. This option means you could file a few weeks after becoming unemployed, and you can still receive benefits for those weeks without income.

It’s a good idea to file for unemployment benefits as soon as you lose your job. Even if you believe finding a new job won’t take long, it’s smart to start the process in case of complications. Filing early can also lock in benefits based on your recent earnings from your last job.

How Benefits Get Calculated

Typically, the weekly benefit amount gets calculated as a fraction of your average weekly earnings over the previous two financial quarters. This calculation gives a fair representation of your recent income.

Benefit payments are subject to a cap to prevent overpayment. Each state determines this limit, occasionally considering an alternate base period.

You should understand these calculations as they directly influence the financial support you can expect during your period of unemployment.

Receiving Unemployment Benefits

Once your state's department of labor or a relevant agency, such as the Texas Workforce Commission (TWC), verifies your claim for unemployment insurance, you'll start getting unemployment benefits.

You'll get these payments through direct deposit into your bank account or onto your debit card throughout the calendar quarters. Continuation of benefits each week is contingent on filing a weekly claim. You must confirm your ongoing unemployment status and active job search in your weekly claim.

By default, most workers are eligible for 26 weeks of benefits. But, the federal government may create extensions during economic hardships.

While getting benefits, you can work part-time. But some states may offset extra income, like part-time wages, against your unemployment benefits. Understanding these nuances is essential to navigating the unemployment benefits process.

Unemployment Benefits During a Pandemic

There is no special unemployment benefit provision that applies during a pandemic. Federal law and state governments may enact their own rules and guidance as they see fit. For instance, the federal government allowed states to expand eligibility for unemployment benefits amid the COVID-19 pandemic.

Employees who go through a temporary layoff can file for benefits. The same holds for people under quarantine but expect to return to work later.

What To Do About a Denied Unemployment Claim

Getting a rejection notice is stressful when you need that money. Yet, you may be able to get a second chance. You can request a hearing before an administrative law judge to dispute the denial.

You must put this request in writing for your state's Department of Labor, including:

• Your full name
• Your current address
• Your Social Security number (SSN)
• The unemployment case number
• A statement that you disagree with the denial

Don’t wait to dispute a denial. There is a time limit after you get a “notice of determination” letter. The deadline varies by state, but you usually have 30 days to start appealing an unemployment denial.

Preparing for an Unemployment Benefits Hearing

Often, you won't have much time before the hearing. You can start to prepare even before you know the date. This might be a good time to hire an employment lawyer.

Good preparation can work in your favor. Be ready to present any evidence, such as papers, physical evidence, or witness testimony, to support your case. You may gather documents like performance evaluations, pay stubs, warning letters, emails, and employee handbooks.

Unemployment insurance claims are often denied for reasons such as:

• Failing to make a timely request
• Quitting voluntarily without good cause (excluding constructive dismissal)
• Employee terminated for misconduct
• Making false statements

During the hearing, you will have an opportunity to tell your side of the story. Anticipate what you will say to prove your case. Have an outline of points related to the reason in the denial letter. It's important to stick to the facts and avoid making any false statements.

Appealing a Denied Unemployment Claim

After the hearing, the judge might decide to deny benefits. If you feel the decision was incorrect, you must promptly file a written letter of appeal. The appeal deadline is usually 30 days or less.

The appeals process can be time-consuming and costly. Depending on your case, you may decide an appeal is not worth it for you. Your lawyer can best advise you on this matter.

Unemployment Benefits: More Resources

• Last Paycheck Laws: When Do I Get a Paycheck After Leaving
• Can I Refuse a Job Offer and Still Collect Unemployment Insurance (UI) Benefits?
• Wrongful Termination Settlements: What Can I Expect?

Questions About Unemployment Benefits? A Labor Attorney Can Help

Getting denied unemployment benefits can cause you and your family severe financial stress. If you're filing an unemployment claim and want additional information or have applied and been denied, contact a local employment attorney for help.