Do most states make a distinction between being fired and being laid off? It depends. If you were laid off because your company is experiencing financial problems, you are eligible for benefits. If you are fired, your eligibility depends on the reasons behind the firing. In general, your employer has to be able to prove that you are guilty of some kind of misconduct to make you ineligible for benefits.
Personality conflicts and disagreements with your boss do not necessarily count as misconduct. You basically have to be caught stealing from the company, sabotaging your employer, or assaulting one of your co-workers to be fired for misconduct. You should also know that for an action to be considered misconduct it has to be related to your work. If you are caught driving under the influence and your company finds out and fires you, you cannot be considered to have been fired for misconduct (unless, of course, you were driving a delivery van at the time). It's also important to note that even if you are fired for some sort of misconduct, many states still provide benefits, although some may charge you a penalty for misconduct.
What if I left on my own? In some instances, you may lose your job voluntarily because an employer does something that makes it difficult, if not impossible, for you to stay. In that case, you cannot claim you were laid off by the company.
However, if your former employer created conditions in which it was difficult for you to continue working, most states will treat your departure in the same way they treat a layoff. Reasons vary from state to state, but if you were being sexually harassed, asked to work in unsafe conditions, or asked to perform tasks that were well outside of the job you were hired to do, most states consider your departure justifiable.
What other conditions will the state place on my eligibility? The unemployment compensation system has some built-in incentives designed to motivate people to look for a new job. As part of this incentive program, while you receive unemployment compensation you have to be capable of working, available for work, and actively seeking employment. Many states will require you to keep a log of companies to which you have sent a resume or application.
Can the state force me to accept a job that doesn't suit me? The answer to this question depends on your definition of the word suitable. More to the point, it depends on the state's definition of the word suitable. Most states apply reasonable criteria to determine how suitable a job offer is for you. If you were a manager of an accounting group earning $45,000 per year, the state won't expect you to accept the first $20,000 bookkeeping job offered to you. In most cases, a job offered to you must provide similar wages, work hours, and working conditions to be considered suitable. If you refuse to accept a suitable offer, you can lose your unemployment benefits.
Can I receive unemployment compensation while receiving other sources of income? Once again, it depends on the other source of income. If you take paid vacation time as your severance package, you will likely not be able to receive benefits until after your severance period. If you continue to receive income instead of notification of termination, you will not be able to apply for benefits even if you know that after a certain period of time your position will be terminated. Even if you receive severance pay as a lump-sum payment, the unemployment office may spread that over a number of weeks (based on your most recent weekly salary), making you ineligible for benefits until after that period.
Sources of income other than wages will not affect your eligibility. You can receive unemployment compensation while still receiving income from real estate, interest, dividends, and any of a number of nonwage sources.
Will the number of dependents I have affect the amount I receive? Yes, to a point. Many states limit the number of dependents you can claim when filing. If you have dependents, however, you will generally receive a higher weekly amount than someone who has none. If your spouse works, you may or may not be able to claim him or her as a dependent. Most states use a formula, based on both your incomes, to determine if your spouse can be counted as a dependent.
If I owe money, can creditors attach my unemployment compensation? Luckily, the answer to this question is, for all practical purposes, no. When you're unemployed, you're more likely to be concerned about debts you have incurred.
Although a creditor can get a judgment to go after any other sources of income you may have, they cannot attach your unemployment compensation. You should be careful to use your unemployment checks for necessities, however. If you deposit your check into a central checking or savings account, and a creditor attaches your accounts, the creditor may be able to take your unemployment compensation as part of the attachment on those accounts.
