Who is Qualified for Unemployment Benefits?

People work to support and provide for themselves and their families. But in these uncertain times, termination among employees seems to be a common occurrence in most businesses. For those who are fired or laid off through no fault of their own, unemployment benefits are made available.

Unemployment benefits are insurance and not charity. It is a Federal-State Unemployment Insurance Program which aims at providing benefits to eligible workers. Under the program, employers are mandated by law to pay a special tax to fund this national compensation program. These payments are intended to provide temporary financial assistance to unemployed workers who are qualified under the State law.

Eligibility for Unemployment Benefits

Aside from being terminated through no fault of their own, employees must meet the following unemployment eligibilities to collect benefits:1.    An employee must meet the requirements imposed by their State on wages or time worked during an established period of time known as the “base period”.  Generally, the base period is the first four out of the five completed calendar quarters prior to the time that the claim is filed.2.    An employee must be unemployed as determined under the State law.3.    After being unemployed, an employee should communicate with the State Unemployment Insurance agency (state UI agency).4.    If an employee has worked in a state other than his place of abode or has worked in multiple states, he may refer the claim to the state where he lives.5.    For continued unemployment eligibility, a weekly or biweekly claim must be filed. Questions regarding the continued eligibility must be answered. The employee must also report his earnings from work or job offers or refusals during the week. Reporting to the state UI agency must be made when directed. Otherwise, benefits may be denied.To continue receiving benefits, requirements under numbers 1 and 2 must be complied with.In California, unemployment benefits are due to employees who are:

1. Out of work due to no fault of his own
2. Physically able to work
3. Actively seeking work
4. Ready to accept work

An employee who resigned or quit from work may still be eligible provided the Employment Development Department (EDD) is convinced that the employee has been forced to quit. Conversely, an employee who has been fired or laid off may not be entitled to benefits if his employer can prove that he has been terminated for gross misconduct.If you have questions with your eligibility for unemployment benefits, you may contact your state UI agency or an employment attorney to address your concerns.