Employment Law Information

Archive for the ‘News’ Category

By Ken LaMance

Introduction

With the economy as it is today, people everywhere are facing job cuts and layoffs. If you are currently unemployed, you may be eligible to collect unemployment insurance benefits while you are out of work. The purpose of unemployment insurance is to provide people who have become unemployed through no fault of their own with money payments for a set period of time until they find a new job

Eligibility for unemployment insurance is established by general Federal guidelines. Additional eligibility requirements are set by each individual state, such as money amounts and period of pay. These requirements will vary from state to state, but it helps to know some of the general guidelines for collecting benefits. This article explains some of the more general requirements for unemployment eligibility.

Eligibility Requirements for Unemployment Benefits

A person who files for unemployment insurance benefits must meet several eligibility requirements. In order to be eligible, you must:

• Be unemployed, either totally or partially
• Be monetarily eligible (received sufficient wages during the previous employment- this varies by state)
• Be unemployed through no fault of your own (being laid off = no fault)
• Meet weekly requirements each week benefits are collected. These weekly requirements include: Being physically and mentally able to work; actively seeking employment and being ready to accept work; filing weekly claims in a timely manner
• In some instances, be approved to attend training courses before benefits can be collected. If you are already attending a form of training, you might not need to fulfill the “seeking employment” requirement listed above.

Probably the most important factor here is being unemployed “through no fault of your own”. This means that you cannot collect unemployment if you have been fired or voluntarily left employment (i.e., if you quit). However, in some instances you may still be eligible if you voluntarily ceased employment for “good cause”, which is determined by state authorities through a hearing. Finally, benefits collected through unemployment must be declared in tax statements.

Disqualification from Unemployment

Several factors may disqualify you from receiving unemployment insurance benefits. You might be disqualified if you:

• Quit your job without having “good cause”
• Were fired or discharged for misconduct
• Were released due to illness (though you may be eligible for disability)
• Resigned in order to get married
• Were self-employed
• Were involved in a dispute over labor issues
• Attended school

If any the above applies to you, check with your state’s Unemployment Office to see if there are any available remedies or options for you. You will likely be subject to a scheduled interview to provide the office with more details of your separation. Benefits could be reduced or denied accordingly.

When and How Do I File? Documents and Information Needed for Filing

You should file for unemployment benefits as soon as possible after severance from work. It is to your advantage to do so quickly because it usually takes at least a few weeks before you collect your first check. Also, you need to give the Unemployment Office some time in case they need to conduct follow-up interviews.

Every state has an Unemployment Office which you may contact over the phone or through their website. You will need the following basic information and documents for filing:

• Your social security number
• If you are not a U.S. citizen, an Alien Registration Card
• Your full mailing address
• A phone number where you can be reached
• Contact information of past employers from the previous two years (i.e., names, addresses, dates of employment)

How Much Will I Be Paid? Can My Collection Period Be Extended?

Both the amount you will be paid and the number of weeks you may collect are subject to change, and vary from state to state. Usually the amount you will be paid is half of your earnings, or half of the state’s average weekly earnings.

For most states, the maximum number of weeks you may collect a check is 26 weeks, though several states have a maximum of up to 99 weeks. Also, Congress often changes the deadlines for collection. For example, Congress recently voted to extend collection periods in certain instances where time has lapsed.

Again, check with your local office to determine the amount of wages you are entitled to receive and the number of weeks after unemployment that you are eligible.

Conclusion

The times can be demanding, and authorities are doing what they can to assist people while preventing abuses of the unemployment system. If you have recently become unemployed, check to see what options you have available under the general guidelines given above. If you are currently employed, be mindful that if you leave your job, the way you do so can affect your unemployment eligibility.

If you need further assistance, contact a lawyer through LegalMatch.com who can explain these matters in-depth.

Ken LaMance is the Corporate Counsel at LegalMatch, an online client-lawyer matching company based out of South San Francisco, California. LegalMatch is fast, free, and confidential. LegalMatch is America’s original attorney/client matching service and is not a referral service. When a consumer presents their issue to LegalMatch, our system matches the consumer’s case to LegalMatch lawyers in their city or county based on the specifics of the consumer’s case, lawyer’s location, and area of legal practice. LegalMatch also offers a number of useful resources like an online law library, tips, law blog, and forums ( http://forums.legalmatch.com/ ) on nearly every topic.

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The Fair Labor Standards Act (FLSA) was drafted in 1938 following the Industrial Revolution, a period of time when workers were notoriously mistreated and underpaid. Tired of being exploited by big businesses, workers united and formed labor unions to rally for their rights. Because of their diligence, there are many laws today which serve to protect the rights and ensure the safety of American workers.

One area which the FLSA mandates is the employment of young laborers. Previously, there was no age limit for working, and oftentimes young boys and girls would be forced to toil day and night to make a wage and help support their impoverished families.

Age Limits

The FLSA requires children to be of a certain age before they can be gainfully employed. The age requirements vary depending on the circumstances surrounding their employment.

To work a non-hazardous job in the agricultural sector, a worker to be at least 14 years old. Exceptions to this law include:

• When a child of 12 or 13 is working on a farm alongside their parents, or with their parents’ permission

• A child under the age of 12 that is working on their parents’ farm, or on a small farm with their parents’ permission

• A 10 or 11 year old may only work for a total of 8 weeks in a year as a hand-harvest laborer

To work a non-hazardous job in all other sectors of the workforce, the minimum age is 16, with the following exceptions:

• Child entertainers and actors

• Children partaking in newspaper delivery

• Children working on the construction of evergreen wreaths from their home

• Children aged 14 or 15 who are working a specified job that does not interfere with their school, health, or well-being. They cannot work in the manufacturing or mining industries.

The FLSA has different legislation for occupations that they believe to be particularly hazardous for children. Hazardous jobs are qualified as jobs that necessarily entail a certain level of risk. This is not a comprehensive list of all hazardous occupations, but examples of such jobs include:

• Mining

• Logging

• Operating power tools

• Wrecking and demolition

• Roofing operations

• Excavations

• Handling radioactive materials

In order to work at a particularly hazardous job, you must be at least 18 years of age, unless it is a hazardous occupation in the agricultural sector, for which you must be 16. Such jobs include:

• Operating a tractor

• Operating or assisting with machinery

• Working on scaffolding over 20 ft high

• Handling toxic agricultural chemicals

For more information on the laws restricting child labor, or for questions regarding the FLSA, contact the San Antonio employment lawyers of Melton & Kumler, LLP.

Joseph Devine

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When you have been injured in the workplace, unemployment benefits can help you pay for your medical expenses and time lost. In order to receive it, however, you have to file the right paperwork on time. Knowing exactly what forms to file and when is a complicated process and depends on where you work and the circumstances. Only an experienced Texas employment lawyer knows all the ins and outs of the system.

The first step to receiving your unemployment benefits is, of course, to file. There are usually time limits: in some cases, employees at the state government level (for example) only have ten days to file their claim! Although the window is usually on the order of a month for most people, the variation between different lines of work means you should consult a lawyer as soon as possible after your injury.

After your claim has been filed, your employer receives a notification. At this point your employer has a week to file an objection with the state if they wish to contest your claim. Your claim goes before a state-level unemployment determination agent. That person’s job is to determine whether or not you are eligible for unemployment. After they have produced an initial decision, you are notified of whether or not you have been awarded unemployment.

If your employer objects, you may need to take your case to a hearing. At your hearing, you and your employer will appear before an agent in a quasi-legal setting. You each may bring lawyers, evidence, and witnesses to build your case.

If you disagree with the state’s decision-either after the hearing or after your initial application-you can appeal it to a state board of review. Most of the time, the board of review agrees with the initial decision. If you find fault with their decision, in particular as evidence and facts are concerned, you can take your case to the court.

At every step of this process, you deserve the help of a lawyer. With an experienced unemployment lawyer at your side, your odds of receiving the benefits you need increase dramatically. To discuss your case directly with a lawyer, contact the Texas unemployment lawyers of the Ross Law Group today.

Joseph Devine

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