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| :: Claimant Handbook |
While it is "generally" true that if you quit your last job, you're the cause of your unemployment and you may not be eligible, there are many exceptions which would allow benefits. For example, if you quit rather than relocate out of the labor market with the employer, or you develop a disability which the employer cannot accommodate, or you quit because your payroll checks are bouncing, you may be eligible. But remember that since you caused the separation the burden will be on you to establish that your reason for quitting meets the criteria to allow benefits. While it is "often" true that you are eligible if the employer fires you, we must investigate the separation. Since the employer caused the separation the burden will be on them to establish to our satisfaction that you were fired for misconduct. If we conclude so, you will be disqualified. Misconduct may include chronic tardiness, theft, falsification of employer documents, insubordination or various other actions.
If your separation from your last employer was for anything other than layoff, we will have to conduct a fact-finding interview by phone and secure information from you, your employer and any other relevant parties before we can determine your eligibility. No payments can be made until we have issued a decision, and that decision allows benefits. Until we know all of the circumstances about your quitting and the job you quit, we can't tell you whether you'll be eligible.
Generally we require that claimants be willing and able to
work fulltime days, and actively seek such employment. If someone is attending a
university and taking day classes, they may not meet this requirement. If they
are taking an evening course or two on the other hand, there should be no
problem.
We do have a provision that will waive the able and
available and work search requirements if the individual is enrolled full-time
in a vocational program (diesel truck driving, cosmetology, nursing aide, etc.).
Benefits will be held while we verify whether your school attendance meets these
requirements.
Wisconsin statutes provide for a "canvassing period" of up to six weeks after a job separation, during which time a claimant may indeed use the wages and skills of the last job as a basis to evaluate an offer of new work. If the skills are different or the wage substantially less, benefits are normally not affected. However, after the canvassing period ends, the individual must be willing to accept work which offers reasonable wages, hours and other conditions in that area for that type of work offered, without regard to past wages or skills.
We have a provision in our law which encourages a person to try out a job for up to 10 weeks. If they quit within the first 10 weeks because, for example, the commuting is excessive, we'll consider whether we'd have expected them to take the job in the first place. If we wouldn't have expected them to take the job because of the wages, conditions, distance, etc., we'll allow them to try the job out, see if things change, for up to 10 weeks. If things don't work out, they'll not be penalized for trying.
No. We do not require a person to relocate in order to accept a job, or to continue a job when the employer relocates beyond a reasonable commuting distance.
A pension or monies received from a 401(k) based on work for an employer who is in your base period (potentially responsible for your unemployment benefits) may affect your benefits. This issue will be referred to an adjudicator for a complete investigation. If the employer you are receiving a pension from is not in your base period, it will have no impact on your claim.
If you become self-employed an investigation will be conducted to determine whether or not you are willing to seek and remain available for full-time, dayshift work.
Benefit eligibility for Unemployment Insurance is very technical, based on state and federal laws, administrative codes and policies. Only a limited number of staff, called "adjudicators," are qualified to make the decisions which resolve eligibility issues. Each issue is resolved with consideration to the law, codes and procedures, as well as the individual circumstances of the case. Because of the expertise and time required to resolve each issue properly, an individual adjudicator's caseload may be assigned as far as 3 weeks in advance. Therefore, one can assume that each interview has been scheduled "as early as possible." Remember to keep filing your weekly claims while you're waiting for the interview.
We will call you within 15 minutes before or after the scheduled time. If you haven't heard from us in that time period, do call the adjudicator at the phone number on the notice.
No, all of our investigations are conducted by telephone, or by telephone typewriter devices.
We attempt to resolve all issues within a week after the scheduled interview. In rare situations where 3rd party information may be required the resolution may take a little longer.
If you plan to appeal the decision, then continue to file
your weekly claims. If the decision is later reversed and benefits are allowed,
those weeks could then be paid.
If you understand and accept the correctness
of the decision and do not intend to appeal, then yes, stop filing your weekly
claims. Review the decision and when the requalifying requirements have been
met, and you're again unemployed, call the Initial Claim phone number to start
your claim up again.
The Bureau of Legal Affairs has published a number of general questions and answers about hearings.
Call the Inquiry/Assistance line for help, they can update your record to allow you to continue claiming while you are awaiting for the Appeal Hearing.