You are out of work and you require a source of income while you look for a new job. Thankfully, there's a system of unemployment insurance in the USA that provides just this kind of 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 fifty states, Puerto Rico, the District of Columbia and the U.S. Virgin Islands. These programs use money from joint federal and state programs to pay out unemployed workers for set periods.
You need to meet specific criteria in order to file unemployment insurance You will need to have made a minimum amount of money in a set period of time before leaving the job, generally 12 months. You will have to be willing and ready to work. You must have left the job through no mistake of your own. If you're fired for misconduct, if you leave without "good cause," if you are 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 due to a disease or disability, you will not qualify to file unemployment insurance.
Quitting for good cause normally means you quit because of unlawful work conditions or personal problems out of your control, not just since you were unhappy with the job. Various states use a bit different definitions of "good cause," and a good employment lawyer can explain the differences if you find yourself out of a job.
If you decide to file unemployment insurance, the amount of your benefits will depend upon your quarterly income in the period before you filed. The more you earned and the more quarters you worked, the more you will be eligible to get in unemployment benefits. Usually, unemployment pays about 36% of workers' weekly wage.
The length of benefits varies from state to state and depends on economic conditions, but usually, unemployment benefits last 26 weeks. In states with higher unemployment rates, this could be extended to as long as 99 weeks. It may take several weeks to file for unemployment insurance. When you find yourself out of work, it is wise to seek advice from with an employment attorney.
First you need to file unemployment insurance with your state unemployment agency, which will make a determination based upon information from you and your past employer. If you lose you may appeal, after which you will be given an informal review hearing. You should have an employment attorney before you present your case at this hearing, as it's your only chance to do this.
If you file unemployment insurance, asking help may make a large difference, particularly if you find yourself appealing a negative decision. It is sensible to talk to a good employment attorney before making any decisions.
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Alfred Roush is an attorney that assists clients with problems pertaining to employment law. If you are in search of answers to questions pertaining to worker company contract disputes, unlawful firing, severance packages, or any corresponding problem, and need help with employment law in Tampa, visit his website http://roushlawgroup.com/claim-unemployment-fl.html
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