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A person who has lost his/her job without his/her mistake or has left his/her due to a “good cause” may apply for unemployment benefits. Given below are some of the commonly asked questions about unemployment benefits: What action can a person take if he/she gets an overpayment notice when he/she is unemployed and does not have any money to repay it?
If a situation like the one above occurs an individual may have to take the help of a local lawyer who will help him/her to draft a reply stating good reasons as to why he/she cannot repay the money. He/she may also come up with a repayment plan so that the authorities can be considerate and extended the repayment deadline. A person who is receiving unemployment benefits has been falsely accused by his/her employer. How should this individual respond to the Department of Labor in such a situation?
The individual may have to hire an attorney to represent him/her in court and speak to the witnesses. The individual can also consider filing a defamation lawsuit against the employer. What will be considered as gross misconduct in California and can it be the basis for denying an individual of unemployment benefits?
There may be no definite definition for the term gross misconduct. In California, it may refer to a deliberate act that caused or could have caused the employer to suffer injury or harm. Some of the examples of gross misconduct include getting drunk at work, selling drugs at the office, stealing the property or money of the employer, assaulting another worker or causing a fire in the building accidentally. Whether an employee is guilty of gross misconduct or not will be decided by the EDD Unemployment Review Board. It may be possible to deny an individual his/her unemployment benefits on the grounds of gross misconduct. Can a teacher get unemployment benefits in Texas, if his/her contract is not renewed?
If a teacher’s contract is not renewed by the district, he/she may claim unemployment benefits. However, the district may have the right to deny the claim. In such a situation, the teacher may file an appeal. For how much time will an unemployment claim remain valid for? How will it affect the claim if an individual gets a job in this period?
An unemployment claim may be valid for one year if the individual meets all other criteria. Out of this year, the individual may be able to collect unemployment for a period of 39 weeks. If the individual finds a job within this time period and loses it again, he/she may be able to claim for the remaining time period as well. However, he/she may not be granted a new set of 39 weeks for every job lost. The individual will be required to declare any income that he/she may earn as an independent contractor in this period of time. Can a person who is receiving unemployment benefits refuse to accept a temporary job offer? Will it be possible to get an extension once the term of the temporary job is completed?
An individual may not be allowed to turn down any kind of job offer when he/she is receiving unemployment benefits. The extension on the benefits will not be granted if he/she refuses the job offer. However, if he/she accepts the offer, he/she may freshly apply for unemployment benefits at the end of the term of the employment. Will a person who has been convicted of a felony be able to collect unemployment benefits?
A person who has been convicted of a felony in the past may be eligible to receive unemployment benefits as long as he/she qualifies to receive them. Is it possible to get severance pay and unemployment benefits at the same time?
If the employee receives severance pay like he/she still works with the company, at regular intervals, it may be considered to be severance pay in lieu of wages. As a result, he/she may not receive unemployment benefits till one week after the severance pay ends. A person is refused his/her unemployment benefits due to a misrepresentation of the information sent by his/her employer in the state of Iowa. What can the employee do in such a situation?
In most situations like the once above, a second appeal may be decided upon on the basis of the outcome of the first appeal. Unless in extraordinary situations, no new evidence may be allowed in the second appeal. The employee will have to inform the appeals board that the hearing officer at the first appeal misrepresented the information provided by the employer. He/she may have to tell them that the event that was explained had no relation with the termination. The employee may have to prove that his/her behavior, place where the incident took place and time did not prove that there was misconduct on the part of the employee that may have led to the termination. In some cases, the appeals board may rule in favor of the employee after listening to his/her side of the story. It can be stressful for a person to be unemployed for no fault of his/hers. One may not know how to go about collecting unemployment benefits in such situations. One may ask an employment lawyer and gets all of one’s doubts cleared about unemployment benefits.
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