Losing your job can be frustrating. If you have recently lost your job, you might be worried about how you will be able to pay your bills while you look for another job. Unemployment benefits might be available to you if you are unemployed if the reason for your unemployment is not your own fault. The attorneys at Swartz Swidler can help you to understand if you might qualify for unemployment, and they might also be able to help you to appeal denials of unemployment benefits.
Eligibility for unemployment benefits
To qualify for unemployment benefits, you will need to meet the guidelines of your state. The Department of Labor has two eligibility requirements that people must meet to qualify for unemployment benefits.
Employees must be unemployed because of reasons that are not their fault. People who voluntarily quit or who are fired for misconduct will be ineligible for unemployment benefits. Each state also has its own requirements for the amount of time that you have worked and the amount of wages that you have taken home during a set time period. The attorneys at Swartz Swidler can explain the requirements that might apply to you.
How unemployment is calculated
Unemployment benefits are intended to replace a portion of your previous income while you search for a new job. The benefits amount that you might receive will depend on how much you earned while you were working. The state will use your past earnings to calculate your weekly benefits.
Who doesn’t qualify?
In some cases, people will be ineligible for unemployment benefits. Some of the reasons why you might be denied include the following:
- Terminated for serious misconduct
- Quit without a good cause
- Quit because of an illness
- Self-employed workers
- Involved in a labor dispute
- Leaving to attend school or to get married
- Harassment
- Insubordination
Quitting your job
People who quit their jobs for good cause may be eligible for unemployment benefits. The state’s unemployment office determines what constitutes good cause. If you gave your employer notice and the employer immediately terminated you instead of accepting your notice, you might also qualify for benefits.
What to do if you are denied benefits
When you file a claim for unemployment benefits, the state will either accept it or deny it. If you are denied, you will have the right to request a hearing. If you want to contest the denial of your unemployment claim, getting help from an experienced attorney is important. Contact Swartz Swidler today to learn about your unemployment claim.
