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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18811
Experience:  Employment/Labor Law Litigation
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If I stopped work because of an injury and was receiving

Customer Question

If I stopped work because of an injury and was receiving workers compensation and my employer eventually terminated me and my I jury status was almost two years and now that I am getting better I don't have a job and trying to get unemployment but they say I didn't make enough to qualify for benefits. But I couldn't work through their " base " period because of my injury. Shouldn't they consider the time before my injury as the base period?
Submitted: 9 months ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 9 months ago.

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

What they perhaps should do and what they legally have to do are two different matters, unfortunately. Unemployment is not meant to be a means of compensation when you are unable to work. That is not its function. Instead, you have to be ready, willing and able to work, and actively seeking work to be eligible.

They also use a base period to know if you are eligible. Each state does this and none of them cease counting the time frame based on the individual having been injured during that time frame.

So again, while I agree that there could perhaps be some good policy arguments with your state legislature to try and change the current law, it is the current law in every single state in the country and has been for decades (meaning that any potential challenges on these grounds have already been tried and failed).

I wish I could tell you differently here, but the state is abiding by the law.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter.