Unemployment benefits-the facts you need to know

All 50 states have unemployment insurance requirements that must meet federal guidelines; consequently, unemployment insurance systems around the country share many characteristics. Generally this means that any worker who is no longer performing personal services for compensation may file a unemployment insurance claim to draw benefits. But they must meet various requirements:

• Monetary eligibility-It is crucial to understand that there is a minimum level of earnings during the "base period". The base period is defined by each state, but is generally a year-long period of time lagging behind the time that the initial unemployment insurance claim is filed. If you have lost your job before this base period is met you may be unable to claim unemployment benefits.
• Continuing eligibility requirements-Claimants need to know that they must be medically able to work in some field for which he or she is qualified. Also the claimant must be available and actively searching for full-time work. In addition the claimant must be authorized to work in the United States (there is no defined citizenship requirement; basically, anyone who can satisfy the I-9 requirements can meet this eligibility condition).
• Satisfying the requirements of claiming-It is crucial that the claimant file weekly claims on time. In addition the claimant must qualify by being out of work through no fault of his or her own. Most workers will usually qualify for benefits if their job ended because of an employer related reason such as the employer is going out of business, being laid off due to lack of work, or if their position was eliminated due to downsizing. There are exceptions to being disqualified for quitting your job. If you feel that you have left your job for "good cause" you may remain eligible to collect unemployment insurance benefits. Keep in mind though that is will fall to you to show "good cause". For example, if the working conditions were abusive; you may have good cause for quitting your job but will need substantial proof to back up your claim.

What is covered employment?
Unless the work is specifically excluded by law, all employment performed for a liable employer is covered whether it is on a part-time, full-time, temporary or casual basis. There is non-covered employment which is the services of certain employees are not covered under the Unemployment Insurance Law because their earnings are not taxable, and/or they are not entitled to unemployment benefits based on such services. Some non-covered or excluded employment that is listed under the Unemployment Insurance Law is:
Baby-sitters who are under the age of 18
Casual laborers who are under the age of 21 and doing yard work and household chores.
Golf caddies
Independent contractors
Inmates of custodial or penal institutions
Out of state employees (you must file in the state where you work not where you live).
Licensed real estate brokers and sales associates.

Who is eligible to receive unemployment insurance benefits?
In order to be eligible to file for unemployment insurance the claimant must be one of the following-
1. A United States citizen
2. A lawful permanent resident
3. The claimant must have a work authorization
4. The claimant must be permanently residing in the United States under color of law. A person who is eligible under the doctrine of "permanently residing in the United States under color of law" is sometimes referred to as PRUCOL. This means that if the government is aware of the person's unlawful presence, but was not actively pursuing his or her deportation, the person can be eligible for benefits.

Disqualification
The claimant should understand that the burden of proof is on the party who initiates the work separation. This means that if the claimant quit, the claimant must prove good cause connected with the work for quitting. If the claimant was fired or laid off, the employer must prove that the work separation resulted from misconduct connected with the work on the claimant's part(if the employer wishes to fight the initial claim). Anyone who is considering filing for unemployment insurance benefits should be aware of the primary disqualification categories. These categories are-
The worker oluntary quit for personal reasons. This means that if you left your job for any reason on your own accord you most likely will not qualify.
The worker was discharged for misconduct connected with the work. It is important to know that many employers will fight an unemployment insurance claim made under these circumstances.
The worker has refused suitable work without good cause. This not only affects your initial claim but can determine if you continue to receive benefits.
The worker is involved in a stoppage resulting from participation in a labor dispute. This is not a hard and fast rule. Some states will pay benefits to workers who are involved in labor dispute and some states will not.
The worker receives a receipt of wages in lieu of notice, workers' compensation, or a retirement pension. There are specific guidelines in every state that determine how this can affect your claim. If you have questions it is best to contact your state unemployment agency for the specifics of your situation.

The basics of filing your unemployment claim
Filing an unemployment claim can be a confusing and sometimes difficult process. Many people find that they are dealing with being in an emotional state after losing their primary source of income. But you should understand that the unemployment application process can be quite specific. You should know that your unemployment claim could be denied or delayed significantly based on the information you provide to the unemployment office. Experts advise that before filing your claim you gather all the information together. This will also prevent delays in the processing of your claim and subsequent payment of benefits. While requirements do vary from state to state here is some of the information you will need to provide in order to file your unemployment claim-

• Full name and social security number-Your social security number will be your identifier.
• Driver's license or ID that verifies your true identity-You do not need to have a driver's license to file for unemployment insurance benefits but you will need some identification.
• The accurate start and finish date of your last employment-This information will be verified with your employer.
• Your employer's details-This includes company name, mailing address and phone number.
• The amount of income you earned-This will be used to determine how much benefit you qualify for.

Name and details of all previous employers in the past 2 years.  Generally you must have at least this much employment history in order to open a valid claim.
You should also know that if you file online, then any information you enter will follow you through your entire unemployment filing process. You should  also remember that if you file unemployment over the phone the claims person on the other end will be typing everything you say. You do not want important information to be missed or mis-understood so be sure to speak clearly and keep your answers short and simple. Also claimants should be aware that their reason for being unemployed will be investigated. Your job loss will need to be classified as one of the acceptable reasons for being unemployed.  If it is not clearly determined you will need to have valid reasoning for your unemployed status. Once you have filed your unemployment claim you will receive some verifying documents in the mail shortly after filing. Your unemployment mail pack should include a notice of your unemployment claim, a notice regarding your eligibility for benefits, a guide to your benefits and even information designed to help you apply for new work. At this time your previous employer will also receive notification of your unemployment claim. If your employer chooses to dispute your claim, then they have up to 20 days from the date on their notification to make their dispute.

Continuing to look for work
After filing for you unemployment insurance benefits and having your claim approved most states will require you to actively search for work.  This may include reporting the number of job contacts made on a weekly basis.  Failure to actively search for work can result in the termination of unemployment insurance benefits.  In addition if you are required to report to your state employment agency you must do so on the day and time requested or you can face termination of your benefits. Most states offer free job hunting services for workers who are presently claiming unemployment.  Claimants should investigate and utilize services that are offered in order to find productive work quickly and much more easily. Doing some quick research online can show you what services are offered by the state in which you  reside and receive your unemployment insurance benefits.