Job Losses Aren't the Only Reason You Can Collect Unemployment Benefits
Employee Rights While Still on the Job or During a Brief Layoff
All employers are required to post certain government posters in prominent locations easily accessed by their employees. We've all read them. Job Safety & Health, Equal Employment Opportunity, Fair Labor Standards Act (FLSA) - Minimum Wage. Posters that are designed to inform employees what their rights are under federal law. The right to apply for unemployment is not one of the posters you will find hanging on a wall.
Most people know they are entitled to unemployment benefits if you lose your job through no fault of your own. The business closed up, you were among those laid off during slow periods or you were unfairly fired. The usual suspects cited when a trip to the local unemployment office becomes necessary.
Holding onto a certain amount of hours in certain professions can be challenging at times. People who work in food service jobs, for instance, can experience ups and downs depending on the season and location of the business they are associated with. Cooks, waitresses, housekeepers, etc.. Hours may be cut to reduce expenses for the employer. Workers may be laid off for short periods of time. Both cost cutting measures are good business management during slow periods for the business. If you find your hours cut or you are temporarily laid off but you expect to be recalled in a reasonable period of time, you don't have to go without an income or a reduced income due to hours being cut. You can apply for unemployment insurance benefits.
When a business owner decides to cut employee hours most will not tell employees to visit their local unemployment office. Fact is, many employers will fight an unemployment claim because a company's unemployment insurance rates are calculated on how much money their employees collect on benefits. So each time an employer can stop an employee from collecting on an unemployment claim, it saves the business money.
Know your rights. You can file for and collect unemployment benefits if your hours have been cut. If you have been fired for no good reason. If you have been laid off but expect to be recalled to work in a reasonable period of time. Don't be intimidated or afraid to go to your local workforce office and ask questions. Even if you quit your job, you may still be eligible to receive unemployment payments. You need a darn good reason why you quit, but it never hurts to check it out. Your local workforce personal can answer all of your questions on every unemployment situation. Ask them. Don't be shy.
Employers will try to block your claim in most instances. Be wary of any fraudulent claims some may try to use. Your employer is counting on you not having a backbone. By forcing you to defend yourself in a hearing, they hope you will roll over and give up. The employers have to present documents and any claims they may have to state unemployment investigators. Any attempts by the employer to misrepresent or give out right lies are fraudulent. As long as you are not trying to file a claim for benefits because you were fired for misbehaver or you quit on your own without a good justified reason, you will most likely win an unemployment hearing.
By knowing your rights, you can fight for what is rightfully yours. Unemployment benefits are available to help you keep your head above water while you search for a new job, if you have to take a cut in hours during slow periods in business or wait to be recalled from a brief layoff. Your employer may try to convince you not to apply for benefits or try to block a legitimate claim. Do your homework and learn how to stand up for yourself. Employees at your workforce office can answer all of your questions and help you learn what you are qualified to receive, how to apply for benefits and how to fight an attempt to stop you from collecting unemployment payments by your employer. Know your rights and stand strong and true.
State Unemployment Insurance Benefits, United States Department of Labor
Alison Doyle, Unemployment Benefits-How to Collect Unemployment Benefits, About.com
Published by Linda Cole - Featured Contributor in Lifestyle
I've always found pets and all animals to be amazing. I will not turn my back on stray or lost pets who need a home or a helping hand. As a contributing writer for the Responsible Pet Ownership blog, I try t... View profile
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15 Comments
Post a CommentJustine, Well, that's a crappy way to get paid. But if you quit on your own without good reason, the company will usually fight your unemployment claim and will most likely win their case. Your best course of action would be to talk to your local job service office and explain to them about the pay cut and per diem. You should still be able to sign up for unemployment benefits while you're still working. They will deduct what you make each week from the amount of what your weekly unemployment benefits would be. If your pay is getting slashed that much, that may count as a good reason to quit, but it's always best to talk with someone in job service before you leave a job because they can give you more exact information that can help you decide what is best for you and your situation.
Thanks for the info,I feel a little better. My full time salaried position was "changed to per diem with a 3/4 cut in pay and is expected to do the same work. Can I refuse and collect IU to look for a full time job?
People dont know this, but you can file for unemployment any time you are out of work (regaurdless of if you were fired, or willingly cut the ties. Payor source is there the difference is. You accrue so much money into an account for unemployment. If you are fired, then the company has to pay your benefits, if you up and leave, then it taps into your "account"
Vickie, You need to check with your local job service office, but in most cases, if you have a good reason to quit your job, you are eligiable for unemployment benefits. If you have proof to back you up as to why you left your job, take it with you to your unemployment office and talk with them. They can give you the best answer and is the best place to start.
Due to family circumstances concerning the safety and welfare of three of my grandchildren. Court and DHR appointments and concern for these children interferred with my job performance (I was in management). I chose to leave my job. Is their a wsy to get unemployment benefits? I am in Alabama.
Not necessarily. If you were injured on the job or became sick because of the job you were doing, you could have a good reason for quitting, but it's up to the unemployment agency to make that determination. They would take everything into consideration to decide if you were eligible to collect benefits or not. If you had an injury or medical condition prior to accepting a job with a company or business, you more than likely could not collect unemployment benefits if you quit.
Would a medical issue be a reason for a job loss through no fault of your own%3F
Excellent info. Thanks Rose for guiding me here.
People need to know that unemployment only pays a portion of your former wages. Not everyone is aware of how this works!
Linda this is great information, Thank you.