The only requirement for unemployment is to be out of work, but in order to be eligible for unemployment compensation, a worker must meet certain criteria mandated by the state in which he or she resides. Many employers pay unemployment insurance for each employee while they are employed, so in essence, a laid-off worker is applying for unemployment compensation already collected under that fund. To become eligible for benefits, however, a worker must become unemployed through no fault of his or her own.
One way to become eligible for unemployment compensation is to be laid off through lack of work. If an employer decides to let go of an employee during an economic downturn, that employee can get compensation immediately after his or her last day on the job. The employee did not lose his or her job because of any personal misconduct, nor did he or she quit voluntarily. These conditions of job separation become very significant when the state unemployment department determines eligibility for benefits.
Some employees may assume they can voluntarily quit or resign from a job and still get unemployment benefits, but under most circumstances, this is not the case. When an unemployment claim is filed with the state, the application is reviewed to determine the circumstances surrounding the separation. If an employee voluntarily quit his or her job for strictly personal reasons, he or she would not qualify for benefits. If the conditions of the job would make a reasonable person quit, or if the employer asks an employee to commit an unethical or illegal act, however, then the employee could get compensation.
People who are self-employed or working in a part-time position may be eligible for unemployment if their available work hours fall below 40 hours through no fault of their own. This eligibility would be determined after the worker has filed for benefits. Some workers may feel pressured to retire involuntarily from their jobs, especially those who have reached their maximum salaries. Such employees can still apply for unemployment benefits, but they must prove they had no intention of retiring from the workforce at the time they were dismissed.
Workers who were terminated for violating reasonable policies or unexcused absenteeism generally cannot get unemployment compensation. This condition sometimes triggers a "quit before you get fired" mentality among disgruntled workers, but in reality, neither decision is more beneficial when it comes to filing for unemployment compensation. Arguably, a worker who can prove definitively that employment conditions were inhumane or illegal might have a better claim for unemployment than a worker who lost his or her position through willful misconduct, but it can be very difficult to justify a voluntary quit without documentation.
It is important for laid-off or discharged workers to follow all of the state unemployment department's requirements in order to remain eligible for compensation. Unless the applicant is physically or mentally unable to perform regular work, he or she will be expected to apply for suitable employment every week and to accept reasonable work offers whenever possible. Under regular economic conditions, unemployment benefits generally last up to 26 weeks, but they can be extended during periods of high unemployment.
