Can Your Former Employer Deny You Emergency Unemployment Benefits?
- Most states use the first four of the last five quarters for a base period for calculating your unemployment benefits. The quarter you were in at the time of separation from employment does not count, and these are calendar quarters. Jan. 1 through March 31 is a calendar quarter; so is April 1 through June 30. You need months of employment prior to the last six months to accumulate unemployment benefits in the base period. The role of the former employers is one of disputing your unemployment claim. A hearing officer denies or approves your benefits.
- Your most recent employer can dispute your unemployment benefits claim in most states. The employer has 14 or 15 days to file a dispute, but your benefit period begins whether the employer responds. Some states have a waiting week that no benefits accrue. If your employer does not respond within the time frame, his response is invalid. Disputes usually involve the reason for departure. Unemployment benefits require that your separation is not your fault. Your employer may believe it was your fault, but states use a gross misconduct standard for determining if it was your fault.
- The first unemployment compensation benefits you receive are from the state funds. Most states pay 26 weeks of state unemployment compensation benefits, but a few state legislatures plan a reduction in 2012. These are not emergency unemployment benefits. The federal government funds emergency unemployment benefits after you exhaust state benefits. You must qualify for and exhaust state benefits before applying for emergency unemployment benefits. If the state denies your qualification for benefits, you may have to return all unemployment compensation benefits received.
- In times of high unemployment, the federal government can supplement unemployment compensation benefits to assist the unemployed and the economy. Emergency unemployment benefits enacted in 2008 continue to at least 2012, and could be extended by Congress. The employer who has not responded to your original unemployment claim cannot respond to the emergency unemployment benefits claim. However, your state may be behind on hearings on claims and your disputed claim may just now appear on the docket for hearing.
Base Period
Employer Dispute
Benefits
Emergency Unemployment Benefits
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