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Laid Off? Protect Yourself and Your Family First

Dec 06, 2008 | By: Mr_Blue | Comments | Permalink | Tags: unemployment, economy, laid off, unemployment benefits

People are losing their jobs on a daily basis. We thought it is time to provide some very basic information about unemployment benefits. This is not legal advice just information.

The first thing a person should do if they are laid-off is apply/file a claim for unemployment compensation. This can be done be with our state’s employment services agency. Here is a link to state agencies. Don’t hesitate in filing – this is a matter of survival. People may be eligible for other assistance such as food stamps – again this is a matter of survival.

Each state has different eligibility requirements but typically a person is eligible if the loss of employment was not their fault. Eligibility is determined after a claim is filed. Don’t assume you are not eligible and don’t believe what your employer is saying about unemployment benefits.

Some employers will contest claims even if people were laid-off – we have to be prepared for that. Typically, after you file a claim, the state agency will notify the employer and give them an opportunity to object to claim. People may be denied unemployment benefits based on what the employer stated to the agency. Be careful, some employers will lie about the reason for termination (FYI – we have a right to view our personnel files). People have a right to appeal the initial decision of the state agency.

If a person’s claim is accepted there are certain continuing obligations that must be met in order to maintain unemployment benefits. Most states require that the person file weekly reports addressing any earnings. Also, a person may be obligated to continue looking for employment and may be required to file an applicable report about job search activity.

The amount of unemployment benefits are determined by each state differently but typically are a percentage of your earning over a certain period of time such as prior 52 weeks. Unemployment benefits typically last for 26 weeks and again this may differ among states. They may be extended in cases of high employment which was done recently.

The Consolidated Omnibus Budget Reconciliation Act (COBRA) gives workers the right to choose to continue group health benefits for a limited period of time. Beware; the worker is typically responsible for paying the premium for coverage which can be as high as 102% of the cost of the plan. COBRA only applies if the group health plan remains in effect – meaning if a company ceases operations the group health plan may end with the company.

FYI – most employers (there is a small business exemption) pay federal and state unemployment taxes. Again, each state administers its unemployment insurance program according to state law but within certain federal guidelines.

Don’t be ashamed to file a claim or even receive other federal/state assistance. Unemployment should be a temporary but challenging situation. We have to remember what matters the most: our family and our health.

Good luck.