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Unemployment Insurance

Many times once employment has been terminated, many of legal questions that arise pertain to Unemployment Insurance. These questions can range from; federal unemployment insurance, private unemployment insurance, and what is unemployment insurance? When people are faced with situations like these they can turn to the Experts for insights or solutions to their questions. Listed below are five for the top Unemployment Insurance questions that have been answered by the Experts.

What is Unemployment Insurance?

A payment that is prepared by the state or other legal bodies to unemployed people is known as unemployment benefits. Benefits might be established on an essential governmental insurance system. Depending on the authority and the type, these can be very little, covering just the essential needs, which might reimburse the lost time percentage to the prior gross wages. Unemployment benefits are typically, only supplied to people that has registered as unemployed, has filed an unemployment claim, and on terms of the individual not having a job but is looking for one.

How can someone file for unemployment insurance?

In most situations, once an individual is unemployed, they need to get in touch with the state unemployment insurance agency. People can file a lawsuit on the internet or over the phone in a number of states. When a person is filing a lawsuit, they will need to have their dates that they worked for their previous employer and addresses. The process will not take as long if the person gives the right information. Usually when someone files for a lawsuit, it takes two to three weeks to get his or her first benefit check upon approval.

California’s Unemployment Insurance Code Section 1256, states that an individual can be disqualified of benefits due to "engaging in off duty activities”, which could affect the party’s employers reputation or business. Would this be a sufficient explanation of the section code if the activities took place off of work duty?

In California, if an individual engages in behavior that will bring disgrace or humiliation to the company, whether the behavior happens when the individual is at work or not it still has basis for being fired. Then the individual will not be able to get unemployment insurance benefits.

In the state of Texas, if someone received an overpayment on their unemployment insurance, and the individual informed Texas Workers Compensation Commission (TWCC) that they would pay it back due to their ignorance of the process; could the individual have criminal charges against them?

Many times since the individual caught the mistake and informed the proper chain, criminal charges probably won’t be filed against them because they showed good faith and will usually be treated as a mistake.

If someone was denied unemployment insurance because of their accident on the job was considered misconduct, how would they appeal the "misconduct" claim?

In most situations, misconduct would prohibit the individual from getting unemployment if misconduct can be proven by the employer. In order for the employee to appeal the misconduct they would need to contact the unemployment insurance claims center with their documentation and details of their case to show misconduct was not the issue.

Unemployment Insurance is a very diverse topic. They often times spark up other topics related to them. Such as: unemployment insurance extension, unemployment insurance benefit, and filing for unemployment insurance. Experts can be of help with fast and effective answers.

Ask an Employment Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8060
Experience:  JD, BBA, recognized by ABA for excellence.
4460311
Type Your Employment Law Question Here...
characters left:
5 Employment Lawyers are Online Now

How JustAnswer Works:

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    Rate the answer you receive.

Employment Lawyers are online & ready to help you now

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Recent Unemployment Insurance Questions

  • I have been reading that the cap damages for federal for discrimination

    I have been reading that the cap damages for federal for discrimination complaints for one person is 300,000. Is this awarded only in federal court? I also heard there is state damages that can also be awarded. Is there a cap on this too?
  • I am a registered nurse doing alot of telephone triage with

    I am a registered nurse doing alot of telephone triage with one or two other nurses. We get hundreds of calls a day, messages taken by operators and forwarded to us via computer. The messages appear in a queue and we answer calls based on medical necessity. The volume of calls is often more than we can handle in 8-9 hrs and calls are left in the queue to be returned the next work day. As I am the last nurse to leave, I am concerned that the calls left unanswered in the queue are ultimately my responsibility. If one of those calls is not communicated accurately or I misinterpret what is written as being less serious than what it truly is and don't call a patient back before leaving and the patient becomes sicker, sustains harm, am I liable? My nurse manager says she has not problem leaving 25 unanswered calls in the queue. However, we have had a couple of calls where the situation seemed, according to the message we received, less serious and potentially life threatening than it turned out to be when we called the patient. So, are unanswered calls to my my office putting me at risk of a malpractice suit?
  • I recently resigned from a position at a home health care organization,

    I recently resigned from a position at a home health care organization, I offered a 2 week notice which was declined by text message, I was a very good employee and was begged on several occasions not to leave. I just viewed my last paycheck and an amount of $700 was taken out of my check and labeled travel cost. In September I was accepted to graduate school and my employer heard me talking and offered to use her travel points to obtain my plane ticket, she also offered money which I declined stating that I did NOT want any type of loan. There was never any paper work and the word loan was never used. Now tht I have left they are attempting to force me to pay a cash value for points. Can you please give me advice on how to get this money back.
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