Am I still eligible for unemployment benefits if I am out of work due to a strike?

Am I still eligible for unemployment benefits if I am out of work due to a strike?

You are disqualified from receiving unemployment benefits during an active labor dispute. You are not qualified for unemployment benefits when your partial or total unemployment is due to:

1. an active labor dispute at the factory, plant, etc. where you work or last worked; or
2. an active labor dispute at another factory, plant, etc., owned by the same employing unit, which causes the materials or services necessary for operation of your factory, plant, etc. to become unavailable.

What wages can be used to establish a claim for unemployment benefits?

Any wages used to establish eligibility for UI benefits must be earned in employment that is covered by the Employment Security Law. This means that the employer must be subject to UI tax. Employers who are liable under the Employment Security Law are required to post a Certificate of Coverage and Notice to Workers (Form NCUI 524) in their place of business.

Am I eligible for unemployment benefits during a leave of absence from my job?

Generally, you are not eligible for benefits during a leave of absence from your job. In order to be eligible for benefits, you must be unemployed through no fault of your own, be actively seeking work, and be able and available to accept work if it is offered to you. The Division will make a determination in each case.

Can I file for unemployment benefits again if I lose my job?

If you lose your job again, you may file for unemployment benefits by telephone or at the DES website.

What is a subpoena for unemployment benefits?

A subpoena is a command to appear at a certain time and place to give testimony. A subpoena duces tecum requires production of documents, books or other items.

What is an alternative unemployment benefits base period?

If you lack enough base period wages, DES may use an alternative base period to determine whether you are eligible for UI benefits. The alternative base period consists of the last four completed calendar quarters immediately before the first day of your benefit year.

What is a determination in the context of unemployment benefits claim?

See full answerA determination is a written notice that is sent to the employer and claimant if the determination refers to the claimant’s separation from employment or receipt of vacation or separation pay. Only the claimant will receive a determination if it is regarding their ability for work or availably for work. An individual may be disqualified if he or she quit a job, was discharged, refused a job referral, refuses a job, is not able to work, is not available for work, received vacation or separation pay, and refuses to enter and/or complete local employment office approved training. Interested parties may appeal an unfavorable determination. Failing to meet eligibility requirements may also be disqualifying.

Who is a base period employer for unemployment benefits?

Your base period employer is any covered employer (employer subject to UI tax) who reported wages for you during the base period of your claim. All base period employers are potentially responsible for a proportional share of charges based on the percentage of benefits reported for you during your base period.

Who is the last employer for unemployment benefits?

When a new claim is filed, your last employer is the last employer for whom you worked in covered employment (employment subject to UI tax) for an indefinite period, or for more than 30 days before your separation, regardless of whether work was performed each day.

What does it mean when my claim for unemployment benefits is ‘pending’ adjudication?

Unresolved issues on a claim may be pending an adjudication decision for the following reasons:The claim is awaiting a 10-day response from the employer as required by law for any unresolved separation from employment or separation pay issue.A weekly certification has not been filed by the claimant.The Division is awaiting additional information from either the employer or the claimant in order to process a determination.

Who are the parties to a hearing for unemployment benefits?

Typically, the parties to a hearing are the claimant who filed a claim for UI benefits, the employer for whom the claimant last worked before filing the claim and DES. Any former employer of the claimant could potentially be a party to the hearing.

What does it mean if I received my determination letter of unemployment claim stating I am ‘not disqualified’?

This means you are eligible for benefits based on the particular issue.