How to Win Your Unemployment Compensation

Easy, user-friendly guide to applying for and winning the unemployment compensation benefits to which you are entitled

Using Self-Help Law Books

ix

Introduction

xiii

Eligibility

1

(22)

Previously Employed

Unemployed or Partially Unemployed

Financial Eligibility

Able and Available for Work

Effort to Secure Work

Participate in Re-employment Services

Additional Hurdles for Subsequent Application for Benefits

Additional Hurdles for Disqualified Claimants (Purging Disqualification)

Disqualification Issues

23

(14)

Discharged for Willful Misconduct

Voluntarily Terminated Own Employment without Good Cause

Separated from Work as a Result of a Labor Dispute

Illegal Aliens

Already Receiving Unemployment Benefits in Another State

False Representation in Order to Receive Benefits

Failure, Without Good Cause, to Accept or Apply for Suitable Work

Amount of Benefits

37

(24)

Determining a Base Period

State Unemployment Compensation Benefit Calculations

Adjustments to Weekly Benefit Amount

Minimum and Maximum Weekly Benefit Amounts

Maximum Total Unemployment Compensation Benefits

Estimating Calculations

When to Apply

61

(4)

Filing a Claim

65

(12)

Where to Go

What to Bring

What to Do When You Get There

After You Leave

Making Your Case for Benefits

Getting Fired or Suspended

77

(22)

Your General Plan of Attack

Absence or Tardiness

Failure to Keep in Contact (Extended Absence)

Insubordination

Dishonesty

Criminal Conduct

Alcohol or Drug Use

Labor Disputes (Strikes)

Quitting Your Job

99

(24)

Your General Plan of Attack

A Material Change in Your Job or You Were Misled When Hired

Transportation Problems

Safety or Health Hazards

Extended Absence

Health Problems

Hostile Work Environment

Labor Disputes (Lockouts and Violence)

Voluntary Retirement

Personal Reasons

Layoffs, Reduced Work Hours, Or Involuntary Retirement

123

(8)

Layoffs

When You Are Partially Unemployed

Involuntary Retirement

Reasonable Assurance of Returning to Work

Appeals

131

(10)

Appeals and Decisions of the State Unemployment Office

Unemployment Compensation Administrative Hearings

Lawyers and Professional Assistance

141

(10)

Needing a Lawyer

Finding a Lawyer

Selecting the Best Lawyer for Your Case

Glossary

151

(8)

Appendix A: State Unemployment Compensation Agencies

159

(6)

Appendix B: Unemployment Compensation Laws (State-By State)

165

(66)

Appendix C: Case Study Examples Defining Terms

231

(24)

Appendix D: Sample Forms

255

(24)

Index

279

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How to Win Your Unemployment Compensation Claim

Summary

Table of Contents

Supplemental Materials