If you are an employee / claimant, or even that occasional ER visitor to Unemployment-Tips.com who is trying to figure out how unemployment works, let's just acknowledge the one fact we cannot alter.
Qualifying monetarily for unemployment and subsequently, the non-monetary chances the employee will be found ineligible, or eligible to collect unemployment benefits, are both the sort of issues controlled by individual State Unemployment Laws.
So ya, unemployment insurance benefits, really do vary state to state, but the reasons they vary so much .. might be good cause for one of my mini-rants.
I know, if you're looking to exert your own version of events causing a separation as the facts, you need to actually think a bit as to how you might influence the state unemployment administrative agency controlling the unemployment claim. And in consideration of your position to the burden that need proving, or rebutting the other party was really the one at fault for the separation, or why the separation lacks the elements for creating good cause to end an at-will employment relationship.
To do this, it's always preferable if you know to begin with, what a valid argument might be (valid = capacity to persuade the powers that be) at the initial claim level, or the lower level appeal hearing .. why you're blameless.
So, finding a valid argument, is something I thin is best preconceived, at least it was for me. And preconceiving is made easier when you know what Control+f on a PC , or Command-f on a mac, can do if you are digging for just a basic reasonable argument capable of expansion to suit the circumstances of why you were fired for something other than misconduct, or quit your job with good cause.
Since the truth about how unemployment works is frequently found in footnotes that explain variances in state regulations (R) state interpretation (I) or state law (L) working in the background to explain a section of unemployment laws .. you should also read footnotes for better understanding.
I think reasonable people should appreciate the free resource provided by DOLETA in the State UI Law Comparison Charts .. at least before they try diving into a State Employment Security Act .. and crack their head.
I'm not a fan of reading laws, unless they might be annotated, but generally, I myself am unable to afford access to annotated laws of any ilk, but I do admit, just reading UI laws can help you to pick up on a state's specific unemployment jargon, which may help you to ask better questions while you're out there googling for official sounding answers.
UI laws are written by lawmakers - then interpreted through regulations by UI administrative law agencies and purportedly, this is what allows the laws to be consistently dispersed by a specific state agency, when assigning fault correctly .. and hardly ever .. erroneously. #sarcasm
It's just personal opinion, but I think because regulations .. rules, interpret the intent of laws, and that is what basically controls this blame game, the statistical truth, only 27 percent of the total unemployed nationwide end up collecting, or keeping benefits, is shockingly telling.
It tell me, there must be some damn poor promulgating of regulations going on, at least in a lot of states where the actually benefit recipient rate is less than half of the nation average.
So .. forgive me, the desparity of how UI benefits varies from state to state, bothers me to the point I think it's shameful a state can keep at-will employees in the dark and still expect them to quasi-legally play this blame game for themselves .. as if a pro .. who no longer needs to look at the piss poor explanations, but.. then expect them to go up against pros working for employers, who provide appeal hearing experts to spin valid arguments .. or worse, cross their fingers and count on you the claimant, not knowing how to present facts that are arguably valid of why you did lose your job through no fault of their own .. lose on your own quasi-legal ability to deal in administrative law.
But .. maybe that's the whole point for administrative law agencies .. in the first place.
Thank goodness for the Department of Labor Employment and Training Administration thought it might be a good idea to promulgate with an update each year on the common issues affecting unemployment eligibility, or disqualifications with the State Unemployment Law Comparison Charts.
Of course, if the charts make you want to dig deeper, I've included links to additional resources I've found for some states.
Links to Precedent Decision Manuals, Decision Digests, sometimes even called an Interpretive Index with the links to unemployment statutes.
PS Please be kind enough to let me know if a link below is broken .. chasing broken links on state websites .. is a chore, but I do attempt to fix them .. when I become aware a state, or the federal government is moving things around .. maybe so we know less about what we need to know to get benefts???
I noticed 2017's charts are now available here .. I will be downloading them soon, but don't let me stop you from staying current and up to date to any potential for sustantive changes to state unemployment laws.
I need help with these links. They move them around as often as I pick up clutter of my bathroom counter.
I recently called (3/28/17) the NY board, and asked where the heck they moved their "interpreservice page".
Please, if you find a broken link please email me.
I'm more than willing to be the PITA for you with any state who might wish you couldn't find information.
And by the way .. if you find any other official resources you thought was helpful, let me know .. I'll add it.
The state of Alabama is not forthcoming with any sort of information I call useful .. at least not to an unemployed person .. but here's where I found Alabama's UI statutes.
Alaska is one of the three states in the country that when an employee tell me they didn't get benefits they had to pay an unemployment tax for .. I know they are correct.
This may also be the reason, Alaska unemployment recipiency rate, is consistently higher than most other states.
Arizona unemployment is indicative of what has happened in many states to reduce recipients of benefits to the lowest levels ever. Arizona, has one of the lowest maximum weekly unemployment benefits amount in the country as well.
It's also one of a handful of states that makes finding affordable representation at an unemployment appeal hearing, a bigger challenge, that is.. if you're the claimant in the matter.
Delaware - Do you know where
Many discussions in the Q&A's link to specific pages in many of the resources to help explain the reasoning behind any answer or question I might of asked.