Job Separation

• The first eligibility requirement for unemployment benefits is that your unemployment not be attributable to you. Although a layoff situation is the most common reason you might apply for unemployment, there are other ways to qualify. If your employer had to cut your hours or pay due to the flow of business, you can qualify for benefits. If you had to quit your job due to harassment, unsafe working conditions or other reasons attributable to your employer, you may also qualify.
  
  

When In Doubt

• The official word of most state labor offices is that they review each claim on a case-by-case basis. If you are unsure whether your job separation qualifies you for unemployment, you should apply anyway. As long as you are truthful about the details of your employment, the state labor office can make a determination on your claim. The worst-case scenario is that you're denied, but that doesn't prevent you from making a claim in the future under different circumstances.
  
  

Verification Process

• Once you make your claim, your state labor office reviews the details to determine your eligibility. Part of the review process is contacting your former employer to verify the details of your job separation. The labor office provides your former employer with the reasons you gave for the separation and asks for the employer's version of events. If the labor office has any questions, it will contact you. After gathering all of the information, it sends you a notice of determination in the mail that either approves or denies your claim.
  
  

Appeal Process

• If your state denies you unemployment benefits based on your separation, you have the right to appeal the decision if you feel it was made in error. If, for example, you had to leave your job because the work conditions were unsafe but your claim is denied for lack of evidence, you can file an appeal so you can present evidence of the unsafe conditions. Your notice of determination gives you the instructions to file an appeal or you can contact the state labor office directly for appeal information. Once you receive the appeal date and time, you should begin collecting evidence to present at the hearing. At the hearing, you give testimony and present evidence to back up your appeal. Your former employer may be there too, presenting his own evidence. After both sides are heard, the appeals office makes a decisions and sends it to both parties by mail.