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What is the Eligibility for Unemployment in West Virginia?

In West Virginia, employment for those not in labor unions is "at will," meaning in most workplaces, employees may be fired for any or no reason at all. Given that a firing may not mean fault on your part, how do you determine if you are eligible for unemployment benefits in West Virginia?

In West Virginia, you are deemed eligible for unemployment benefits as long as you did not:

  • Leave your employer voluntarily
  • Get discharged for misconduct
  • Claim total disability benefits
  • Begin drawing pension or retirement benefits
  • Apply for benefits in another state
  • Make false statements in order to receive unemployment benefits

Individuals who have stretches of unemployment due to the nature of their work, such as teachers, seasonal workers, or paid athletes, may not collect unemployment in their off weeks. Individuals who have had hours cut or have been temporarily laid off in a way that is unforeseeable are eligible for partial unemployment.

To receive unemployment benefits, you need to make a claim at the local unemployment office and register for work with the job service office. You must continue to actively seek work while accepting unemployment benefits. If you are offered a job while on unemployment benefits and you turn it down, your benefits may be suspended.

Your employer can fight your claim for unemployment benefits by claiming you contributed to your termination. If this is not the case, you need to talk to an employment attorney about how to proceed to get your benefits.

If you have been the target of workplace harassment, discrimination or unfair termination, Bouchillon, Crossan & Colburn, L.C. represents clients in federal court and before the EEOC, MSPB and in state and union grievance hearings.

Our attorneys have more than 35 years dedicated to giving clients the attention, advice, support and empowerment they need to effectively meet their goals. We are committed to the principle that all persons shall have equal justice under the law. Call Bouchillon, Crossan & Colburn, L.C. at 304.523.8451 or contact us online to schedule an appointment.

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