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Resources on Unemployment Insurance Benefits
Practical Law Legal Update 8-609-5795 (Approx. 3 pages)
Resources on Unemployment Insurance Benefits
by Practical Law Labor & Employment
| Law stated as of 21 Apr 2015 • USA (National/Federal) |
Practical Law has resources available to assist both plaintiff and management attorneys in assessing a former employee's eligibility for unemployment insurance benefits and representing their client during the unemployment compensation claim process.
Unemployment insurance (UI) benefits are designed to provide financial assistance to individuals who are out of work, generally through no fault of their own, for periods between jobs. The federal-state unemployment compensation (UC) program is a partnership based on federal law, funded primarily by employer taxes and administered by state employees under state law. Practical Law has resources to help plaintiff and management attorneys guide their clients through the UC program, including:
The Practice Note and Checklist addresses common questions about a former employee's eligibility for UI benefits. These resources describe:
- The UC program under federal and state law.
- Standards for employee eligibility, including what types of employees are covered or not covered.
- State requirements for wages earned during a "base period."
- Federal and state law requirements that an employee be ready, willing and able to work.
- How an employee's separation from employment affects her eligibility for UI benefits.
- Possible reductions to an employee's UI benefits.
The flowchart is an outline of the procedural path a UI benefits claim takes. The Standard Documents are:
- A model letter for counsel to enter an appearance and request a hearing before an Administrative Law Judge, which may be modified and used by counsel for employers or employees.
- A sample form to be provided to a claimant to authorize her counsel to review and copy her UI claim file at the Department of Labor before her unemployment insurance hearing.
Both Standard Documents have integrated notes and important explanations and drafting tips.