Unemployment Claims & Appeals
Rights & Obligations of Unemployment Laws & Claims
In today’s tough economy, layoffs and cutbacks have become more and more frequent. For many families, unemployment compensation provides needed financial support until another job can be found. In order to qualify for unemployment insurance, the employees must have lost his or her job through no fault of their own. If the employee lost his or her job due to misconduct, the employer is not responsible for unemployment claims. For skilled unemployment claims & appeals defense for employers or employees, contact the law firm of Valverde & Rowell, P.C. in Virginia Beach.
Determining Eligibility for Unemployment Compensation
Unemployment insurance was created in 1935 by the Social Security Act. It is designed to provide the former employee with partial payment of wages in order to help him or her find a new job. Unemployment insurance is funded by payroll taxes paid by employers. In order to qualify for unemployment compensation, the employee must meet the following criteria:
- The employee must have earned a total of at least $2,700 in the two highest quarters within the base period.
- Must apply for benefits. The application for unemployment benefits can completed in the local offices of the Virginia Employment Commission or online.
- The employee must be able and willing to work.
- If the employee was let go due to layoffs, he or she generally qualifies for unemployment compensation.
In order to maintain your weekly benefits, you must file a weekly claim with the Virginia Employment Commission. To meet the weekly claim requirements, you must actively seek employment with at least two employers each week, not refuse employment when offered and report any changes in income or assets. This information is reported to the commission each week by phone. You will contact the employment line and answer a series of 15 questions that will gather information about your week’s progress in obtaining new employment. You must stay on the line until the system announces that it is time to disconnect.
Handling Unemployment Claims & Appeals on Behalf of Employers
If an employee quit or was fired due to poor work performance or frequent absences, you have the right to dispute the unemployment insurance claim. A skilled employment law lawyer at Valverde & Rowell, P.C. will be happy to review the deputy determination with you and help you file a written appeal within 30 days. After the Notice of Appeal has been filed, a hearing is scheduled where both parties have the right to present evidence and eyewitnesses. For employers, evidence such as time cards, medical waivers or absences is crucial in defending unemployment claims & appeals. Further appeal is available through the Office of Commission Appeals.
Bradford A. MillerAssociate at Valverde & Rowell, P.C.
Hugo Raul ValverdePartner at Valverde & Rowell, P.C.
R. Barry RowellPartner at Valverde & Rowell, P.C.
Andrew J. ReigelAssociate at Valverde & Rowell, P.C.