Monetary Eligibility

• The commonwealth limits unemployment benefits to unemployed and partially employed workers with a sufficient history of earnings. The Virginia Employment Commission bases an applicant's monetary eligibility on total earnings during her base period of employment. The base period is equal to four of five calendar quarters preceding the filing date. An applicant must have earned compensation of $2,700 or more during the base period. Eligible applicants can receive up to $378 per week.
  
  

Unemployment Reasons for Eligibility

• Virginia limits unemployment benefits to those who are unemployed without fault. Applicants must provide reasons for their unemployment, and their former employers must provide answers to separation questions the commission sends them. The commission contacts all applicants who say they are unemployed for other reasons than a lack of work and schedules physical meetings with them. After reviewing each case, it issues a finding of eligibility in a formal notice letter to the claimant and her former employer. An employee terminated for misconduct is generally ineligible for benefits. An employee who voluntarily terminates employment without a legitimate reason is also ineligible for benefits. The commonwealth also denies benefits to applicants who terminate employment to relocate with their spouses, even under military assignments.
  
  

Other Income and Partial Employment

• Virginia law allows the commission to reduce a claimant's weekly benefits for other earnings. Other earnings include part-time work, severance pay, workers' compensation benefits, holiday compensation and vacation pay. Partially employed claimants can receive benefits if they limit their work hours to less than full-time hours and earn less than their weekly benefits allowance. Additionally, Virginia law also allows claimants with reduced hours to receive benefits, and if they work for their former employers with reduced hours, they may be exempt from the active work search requirements.
  
  

Job Search

• Virginia law requires claimants to actively look for work each week they apply for benefits. According to the Virginia Employment Commission, reviewing newspaper advertisement does not fulfill the active work search requirement. The Virginia Unemployment Compensation Act requires claimants to provide the names of employers they contact. Each claimant is required to report or certify that she contacted at least two employers or sent resumes to two employers during each week she receives benefits. She must also accept any suitable offers of employment. The deputy commissioner determines whether a job was suitable on a case-by-case basis.
  
  

Considerations

• Since state laws can frequently change, do not use this information as a substitute for legal advice. Seek advice through an attorney licensed to practice law in your state.