How do unemployment benefits .. really work?
It's a good question, but because I know how it works I'm unable to explain in just one paragraph telling you what information you need at hand when you apply. In fact, there's about four thousand questions about unemployment on this website.
What are the two most frequently asked questions about collecting?
To successfully collect unemployment you should evaluate the details of how you came to lose your job before you file a claim. This includes taking an honest look at the final incident (the cause) that ended the employment relationship and again, be honest when determining which party (claimant, or employer) moved to end it. The moving party is assigned the burden of proof.
Surprisingly, when it comes to filing unemployment claims a large number of employees still presume all employers will tell the truth when it comes time to collect benefits.
Unemployment is much like divorce. Some are amicable, but most are messy.
The savvy employer may prefer the bait and switch technique when he doubts his own good cause to discharge a person. Why don't you just quit and I'll make sure you're eligible for rehire.
This would actually shift the quasi unemployment burden of proof to you ..
For the last six years I've been trying to get in front of what I believe compounds the problems for employees trying to collect unemployment.
Employer tactics and strategies that can be used to make any employee a financial non-threat .. even for the booby prize of unemployment. Approximately 30 percent of the total unemployed ever manage to receive benefits and many of them during this recession have become the discouraged because the unemployment insurance system has tactics of it's own.
A thriving B2B industry helping small to mega employers on many employment law fronts, not the least of which is fighting unemployment benefits for employing units of all sizes. The field of unemployment claims management was once described during a company meeting as the fertile field for the cash cow, income and employment verification.
I was working for a very large company that took care of outsourced HR duties. My job .. unemployment appeal coordinator.
Take your time. Approach applying for benefits with the prospect you may have to win an unemployment appeal hearing.
You don't have to be an unemployment lawyer (I'm not) to understand that "through no fault of your own" is a loaded statement and there will be questions you'll have to answer after you file your claim. Some of you will feel like your being railroaded during the claims investigation, however, that's an unemployment wild card out of your control and why I have focused on explaining what makes it possible to win unemployment appeals .. because it's the employee's right, just as well as the employer's to appeal when you believe a claim determination is wrong.
My name is Chris (last names are not a good idea here) and I'm glad I can share with employees who don't want to become the collateral damage of a multi billion dollar industry.
There is not a widely accepted definition, nor a slide rule, for what constitutes good cause to quit. Often, the good cause can only be employer misconduct to such a degree, that a reasonable person had no alternatives to save the job, so they resign, but are surprised they have to prove this once they apply for unemployment.
Yet UI laws tell explain that the fault for quitting must be attributable to your employer. Prove your employer at fault for you quitting your job? You better believe it if you want to collect. Where do you begin proving? At work while you still have a job.
I've answered hundreds of questions about unemployment when you quit a job for various reasons. But because I know how unemployment appeals work, my answers focus on the things that may help you to fulfill your burden of proof, once at an unemployment appeal hearing.
Let me ask you a question for you to think about. Do you know what constitutes misconduct?
You really should know before you apply because that's what the employer is supposed to prove if they are going to stop you from collecting unemployment. It's an employer's burden to prove work related misc conduct at unemployment appeal hearing both when you appeal because you were denied benefits, or when your former employer appeals because you were allowed to collect.
And of course I've answered hundreds of questions that all began the same .. - Can you get unemployment if fired from a job?
Most people who worked for years prior to becoming unemployed will qualify for unemployment. It's the first step in the UI process right after applying for unemployment.
It's all about mathematical formulas. There's even a formula to determine how much unemployment will pay you in benefits each week.
Of course a state may issue a monetary award determination that doesn't make much sense to you, so just know you have the right to appeal any determination you do not agree with.
I was lucky. My job was all about winning unemployment appeals.
But, some were very specific to how unemployment appeals work.
And of course, I have a sample letter of appeal to the office of unemployment to keep you from writing untenable unemployment appeals.
I also offer services related to unemployment appeals.
my personal employ thyself resource