Unemployment Law

Unemployment compensation is governed by state law. Each state has an agency responsible for unemployment compensation. Unemployment compensation was instituted in 1935 as part of the Social Security Act; however, unemployment insurance is not a totally federalized program inasmuch as each state is given the latitude, under general guidelines, to develop its own program. As a result, there is variation in the amounts actually paid to unemployed workers in different states. This benefit is funded almost entirely by the employer. Typically, the employer is taxed at least 6.2 percent of the first $7,000 earned by each employee (employees inAlaska,Alabama, andNew Jerseyare also taxed). Some states provide for a higher tax rate as well as a higher base earnings level. An experience rating, based on terminations that result in unemployment compensation claims, is also used in calculating the tax that must be paid by a specific employer. In some cases, the state tax rate may actually drop to zero if the employer has had no recent terminations resulting in claims for unemployment compensation.

Approximately 98 percent of the American workforce is covered by unemployment compensation insurance. To collect benefits under this program an employee must meet certain eligibility requirements: (1) be able and available for employment, (2) be actively seeking employment, (3) not have refused suitable employment, (4) not be on strike (except in New York and Rhode Island), (5) not have left his or her previous job voluntarily, (6) not have been terminated for willful or wanton misconduct, and (7) have been previously employed in a covered occupation. Originally, the Social Security Act provided, under state laws, for payment of up to twenty-six weeks of unemployment compensation benefits. If you are unemployed, consult with an experienced employment law attorney. The attorney can review your circumstances and advise you on your eligibility.

An experienced employment law attorney can assist you apply for unemployment compensation. You should file your application with your state agency. Generally you should submit your application as soon as you loose your job. The state agency will take time to process your application. It is important that your application is correct and complete in all aspects. This will help your state agency process your application faster. Incomplete or inaccurate applications will be rejected or returned. Having an experienced employment law attorney assist you will ensure that your application is complete and correct.

Your state agency will decide on your application. It will seek information from your former employer about your eligibility. If your application is accepted, you will receive unemployment compensation as per your state rules. However if your application is rejected, you can appeal against the rejection. Consult with an experienced employment law attorney. In most states there is a time limit to file the appeal.

If you are filing an appeal, then you should hire an experienced employment attorney. Filing an appeal will require submitted complex forms and interpretation of the law. Leave it to the experts – an experienced employment law attorney.

 

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