A. Unemployment Benefits

Each state imposes different eligibility requirements for collecting unemployment benefits (e.g., the maximum amount of money that may be collected weekly, the normal waiting period required before payments begin, the length of such benefits, and the maximum period you can wait before filing and collecting). States also differ on standards of proof required to receive such benefits. You must know such essential details before filing. Do this by contacting your nearest unemployment office for pertinent information.

The following are some of the questions to ask:

• How quickly can I file?
• When will I begin receiving payments?
• How long will the payments last?
• What must I do (i.e., must I actively look for employment?) in order to qualify and continue receiving benefits?
• How long did I have to work for my former employer in order to qualify?
• What must I prove to collect if my ex-employer contests my claim?
• When and where will the hearing be held?
• Will I have the opportunity to review the employer's charges and documentation opposing my claim (often contained in the official file) before the hearing?
• How can I learn whether witnesses will appear on the company's behalf to testify against me?
• How can I obtain competent legal counsel to represent me?
• How much will this cost?
• Will a record be made of the hearing? If so, in what form?
• Can the hearing examiner's decision be appealed?
• Can I recover benefits if I was forced to resign?
• Is the burden on the employer to demonstrate I was fired for a good reason (e.g., misconduct) or is the burden of proof on me to demonstrate I did not act improperly?
• Can I subpoena witnesses if they refuse to appear voluntarily on my behalf? Will the hearing examiner assist me in this regard?
• Are formal rules of evidence followed at the hearing?

Tip:Collecting unemployment benefits is not always a simple matter, especially if your claim is contested by an ex-employer. In most states, you can collect benefits if you were fired due to a business reorganization, massive layoff, job elimination, or other reasons that were not your fault. In many situations you can even collect if you were fired for being unsuited, unskilled, or for overall poor work performance. However, you generally cannot collect if you voluntarily resigned from a job (unless you were forced to resign for a good reason) or were fired for misconduct.

The following are common examples of acts that justify the denial of unemployment benefits based on misconduct:

• Insubordination or fighting on the job
• Habitual lateness or excessive absence
• Drug abuse on the job
• Disobedience of company work rules or policies
• Gross negligence or neglect of duty
• Dishonesty

Counsel Comments:Although these examples appear to be relatively straightforward, employers often have difficulty proving that such acts reached the level of misconduct. This is because hearing examiners typically seek to determine whether a legitimate company rule was violated and whether or not that rule was justified.