Learn How To File an Unemployment Claim
May 5, 2008 · Print This Article
Economy Down, Unemployment Claims Up
With our economy the way it is, I decided to prepare a guide to filing for unemployment benefits. My idea was to explain how the unemployment system works, what the standard is for accepting or rejecting claims, and then add in stories from my own experience about what the best tactics and common mistakes are in filing for unemployment benefits.
Scam “Services”
In researching what others were already saying on the internet, I was alarmed to find “businesses” selling something that at first looks like legal services for people who want to file an unemployment claim. However, after you fill in your information (I did it just to see what the site was really offering) you have to check a box agreeing to a long waiver — where you agree you are not buying legal services, or even buying help with filing your claim. Then you are taken to a second screen where you pay the business $9.95 and they send you a “customized report” on where and how to file. In the fine print you also agree to $2.50 per week charged to your credit card so you can “access” their non-existent resources.
Where To File – For FREE!
For free, you can see where to file right here, for all 50 states.
The main thing you need to know, however, is the standard you must meet in order to get unemployment benefit compensation, which is this:
The Standard That Decides ALL Unemployment Claims
Unemployment Insurance Benefits are intended to provide temporary financial assistance to workers who are unemployed through no fault of their own.” That last sentence is the key to unemployment claims. Follow these four tips in order to implement that sentence:
Four Quick Tips For Filers
So a few quick tips if you can’t wait for my full report to come out.
- Never write down that you “resigned”. Instead write that you “were constructively discharged” (which means you were forced out).
- Even if you were terminated, always maintain that you “were willing and able to work.” This should be a theme that infuses every answer on your unemployment claim application.
- Example: “I wanted to continue working at ABC Company but was constructively discharged by the hostile work environment created by my manager’s behavior.”
- Don’t go into HOW your manager constructively discharged you on your application, leave that for your phone hearing or write a response to your manager’s response.
- Know your deadline! Follow the link above and learn how many days you have to file your claim. Then put it on your calendar and circle it in red.
Conclusion: Don’t Pay, There’s a Better Way
There is plenty of information here if you need to file your unemployment claim right away. Coming soon, however, will be my full report on filing successful unemployment claims. Even if you can’t wait for it, remember, don’t pay money to anyone for unemployment claim insurance advice.
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Good article on unemployment and the claims process however I am trying tonight to file an appeal to their initial decision denying benifits; and find very little information anywhere on how to best state my case that it was definately an intolerable work environment and not another “personality conflict” with the supervisor who has had over three dozen employees and perhaps as many as 50 ( a twelve person staff) leave his department in just over three years. Perhaps an issue you could address in the future. I will say that I’ve found your site the easiest, most usefull, and informative that I’ve come accross.
Just for the record, I was denied unemployment benefits from a staffing agency! It was the first time I had EVER used one, so I wasn’t familiar with their policies. My orientation took all of 30 mins with a video on safety, another 15 mins to sign and fill out my name on about 10 different forms, then a quick 5 min hurried interview with the Manager before she sent me off on an interview. I was hired on the spot – even though the staffing agency Mgr did NOT forward my resume to the company! I worked for 6 months and then the company ended my assignment.
The staffing agency was notified on my last time sheet submitted as well as me calling the original Mgr asking for another assignment – which they didn’t have available for me. I continued to call her and ask, but no jobs were available for 2 wks, so I filled for UI. Because I did NOT drive across town, sign in on the staffing agencies list, their HR manager reported that I voluntarily quit working for them, so my unemployment was denied!!!!!!!
Even though I talked with the Mgr over the phone and there were no jobs available for me, the simple action of NOT signing their register in person every day disqualified me.
Jmell,
Thanks for sharing your story. It seems to me that you lost your claim on a technicality — calling in and signing in both achieve the same thing, namely, that you checked for work each day. The equities are in your favor here. Have you appealed the initial decision? If not, and if there is still time, I encourage you to.
-Curt
This article was very interesting and helpful. I am just wondering what kind of questions are asked during the telephone interview?
I had a boss that created a very hostile work environment, constantly micro-managing and nit-picking me. Even made me cry during a meeting.
In the end, I was let go for an “unacceptable performance” that day. It was seriously over something stupid. I am wondering what I can do to prepare for the interview. The guy is a sneaky bastard, I was discharged..no vacation time was paid out and this was quite a surprise.
RC,
On the telephone interview, the hearings officer will want to find out if you lost your job “due to no fault of your own.”
Your manager will probably claim you deserved to go, because of this stupid problem.
You should focus on these points: 1) I was never trained on how to do this the right way; 2) I would have done it the right way from now on if they had kept me and just me how to do it; 3) This is not a central part of my job duties — all my core job functions I did very well.
Also, if you were with your employer for some years and have some good performance appraisals, be sure to submit them to the hearings officer. This will demonstrate you were, in fact, good at doing your job.
Remember: never trained before, refused to train now, not an important part of your job.
Stick to those three points and you’ll get your benefits.
This is RC but I forgot my password, just wanted to thank you for all your help undercover lawyer. I passed the interview with flying colors! lol hope I can ace some upcoming job interviews.
Hi there! I would really appreciate your help to my question. I was a running a modeling agency for my employer and I gave him my two weeks last Thursday because he had a dispute with one of my models in the office over a him sleeping with her (totally inappropriate) and not calling her back (I had no idea any of this was going on), this lead to her arm being completely bruised and battered and her screaming about assault in front of our entire staff.
Well he wrote me an email today stating that he did not agree to let me finish out my two weeks. So I am planning on filing unemployment tomorrow. Should I file under early termination or hostile work environment due to an overly sexual environment?
I would really appreciate your advice as I am in no position to be without work, but felt obliged to resign after what happened with my model. My reputation in my industry was at stake if I continued working with this guy…
Thank you!!!
P.s. this is in the state of California…
Thanks!
Bestsy, On your unemployment application state that you were terminated. You were terminated, because you were not allowed to work up until your resignation date. State that you were terminated for blowing the whistle on sexual harassment and battery of an employee.
Battery is an unlawful touching that causes “damages” to the person who is touched. Damages can be things other than physical damage, but in your example the model WAS physically damaged (bruises), which would also impair her earning ability.
Remember, throughout your application and during any hearing on your application, you always answer that you were ready, willing and able to continue working in the job you loved *except for* the illegal harassment.
Yours, -Curt