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Should You Get Help Filing For Unemployment?

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Published: 10Mar2012
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You find yourself out of work and you need a source of income while you look for a new job. Luckily, there's a system of unemployment insurance in the united states that provides just such a cushion. But how do you file unemployment insurance, and should you hire an employment attorney to do it?

There is an unemployment insurance scheme in all 50 states, the District of Columbia, Puerto Rico and the U.S. Virgin Islands. It's based on complementary federal and state programs that tax employer payrolls and use that money to pay unemployed workers for limited periods of time.

To be eligible to file unemployment insurance, you must meet certain criteria. You must have earned a certain amount during a set period of time before you left your job, usually 12 months. You must be able and willing to work. You must have left the job through no fault of your own. If you were fired for misconduct, if you quit without "good cause," if you're on strike, if you're self-employed, if you work part-time, if you're a temporary hire or if you're unable to work because of an illness or disability, you won't qualify to file unemployment insurance.

Quitting for good cause usually means you quit because of unlawful work conditions or personal circumstances beyond your control, not just because you were unhappy with the job. The exact definition of "good cause" varies from state to state, and a good employment lawyer can help you understand the difference if you decide to file unemployment insurance.

Once you've qualified to file unemployment insurance, your benefits will be based on your reported quarterly earnings during the period before you filed. The more you earned and the more quarters you worked, the more you'll be eligible to receive in unemployment benefits. On average, unemployment pays about 36 percent of workers' weekly wage.

The length of benefits varies from state to state and depends on economic conditions, but generally speaking, unemployment benefits last 26 weeks. This can be extended in states with high unemployment, and in some cases unemployed workers may receive as much as 99 weeks' worth of benefits. The process for filing unemployment insurance can take several weeks. You should seek an employment attorney and file as soon as you find yourself out of work.

First you must file unemployment insurance with your state unemployment agency, which will make a determination based on information from you and your former employer. You can appeal if you lose, in which case you'll receive an informal hearing before a government officer. It is strongly recommended that you have an employment lawyer at this point, as you won't get another chance to state your case.

Asking for help when you file unemployment insurance can make a big difference, especially if you have to appeal. It's wise to consult with a good employment attorney before making any decisions.

Alfred Roush is an employment attorney in Tampa who helps clients with issues concerning employment law. If you are in search of answers to questions concerning employee employer contract disputes, wrongful termination, severance packages, or any related issue, and need help with employment law in Tampa, visit his website http://RoushLawGroup.com.

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