Education for Justice                      FACT SHEET E-2                         Fall 2009

 

UNEMPLOYMENT BENEFITS

 

 

Unemployment benefits are given to people who lose their jobs through no fault of their own.  This fact sheet gives some of the rules about who can get unemployment benefits.  If you are not sure if you can get unemployment, you should apply.  Although there are other rules, there are 3 basic rules.

 

  1. You must be able to work. 

Note: If you get social security disability payments, you may still be able to get limited unemployment benefits.   Contact your local legal aid office for more information.

 

  1. You must be available to work.  Full-time students are usually not available to work unless they are willing to quit school or take fewer classes so they can work.

 

  1. You must have lost your job through no fault of your own.  If you were laid off, or if your job was cut, you should be able to get unemployment benefits. 

 

In some cases you may be able to get unemployment benefits if you were forced to quit.  For example, if you have a serious illness or injury you should let your employer know and ask for an accommodation.  This means you are asking for changes so you can keep your job.  If your employer does not do anything to help your situation and you have to quit, you can probably get unemployment. 

 

You can also probably get unemployment if your employer changed your hours and pay a lot even though you did not do anything wrong. 

 

You may also be able to get benefits if you felt like you had to quit because your employer did not fix a serious problem that you reported, such as an unsafe work condition, sexual harassment or discrimination. 

 

If things like this happen, you should keep notes about what happened and when and make your complaint in writing.  Be sure to keep a copy of everything important.  Remember: it is important that you let the employer know about the problem and give them time to fix it.  If you do not, you may not be able to get unemployment benefits.

 

You will not be able to get unemployment benefits if you quit for personal reasons or because you did not like your job.

 

You will not be able to get unemployment if you were fired for misconduct.  Misconduct can be things like poor attendance and being late a lot.  It is also things like fighting on the job or refusing to do what your supervisor asked.  If you are told not to do something or if you keep breaking the rules even after being warned that is misconduct.

 

You can work part-time while getting unemployment benefits, but the amount of your wages is taken out of your unemployment benefits.  This is how it works:

 

·         If you work less than 32 hours and earn less than your weekly unemployment benefit amount, you can get a partial benefit payment.  

·         If you work 32 or more hours in a week or if your gross earnings for a week are the same as or more than your weekly unemployment benefit amount, you will not get unemployment benefits for that week.

 

 

FILING FOR BENEFITS

File your claim right away.  The longer you wait, the longer it will be before you get any benefits.  You do not get paid at all for the time between your last day and the week that you file.  Also, there is a 1 week waiting period before you get a check.  It is fastest to file online at http://www.uimn.org/.  You can also file by phone.  In the metro, call (651) 296-3644.  Outside the metro, call 1-(877) 360-1919. 

 

Get all your job information together: 

·                    Your social security number

·                    The employer’s name and address

·                    The dates you worked there

·                    Why the job ended

·                    Names of your employers for the last 18 months and the dates you worked at each job

·                    Any papers from your employer explaining why your job ended

 

 

HOW LONG CAN I GET UNEMPLOYMENT?

You can get up to 26 weeks of unemployment benefits, but you have to use them within a year of your job ending date.  To keep your benefits, you must sign up with the unemployment office, look for work and report back to them.  If you do not, you could lose your benefits.  Sometimes during times of high unemployment, you can get benefits for more than 26 weeks.  You may be able to get an extension if your regular benefit account runs out but you are still out of work.

 

You can appeal if benefits are denied, lowered or cut off.  You will get a letter if your benefits change.  You can send your appeal electronically, by mail or fax.  The information to do this will be in the letter.  You have 20 days to appeal.  If you miss the deadline for any reason your appeal will be ignored.  Make sure you keep a copy of your appeal.  They will set a hearing and send you a letter about it.  Be sure to go to the hearing and be on time!

 

 

IF YOU HAVE TO GO TO A HEARING:

·        Get your proof together – Read the papers from the Unemployment Office about why your employer thinks you should not get benefits, or why your benefits are being lowered or cut off.  Bring any notes, doctor’s statements or records you have to help your side.  Write down the things you want to say at the hearing so you don’t forget anything.

 

·        Legal help – You don’t have to have an attorney, but it can help.  At least talk to one for advice about how to handle the hearing yourself.  Call your legal aid office for help or referrals.

 

If you lose the appeal, you may have an overpayment.  That means that you will have to pay back any benefits that you got.

 

For more information call (651) 284-3033.  Or go online to http://www.uimn.org/.

Minneapolis Legal Aid – CLE

MN Legal Services Coalition

2324 University Avenue W. – Suite 101B

St. Paul, MN 55114

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