Losing a job is a real fear in today's economic climate, and unemployment benefits may be the only safety net that some people have. Unemployment benefits are not based on the job you just lost. If you lost a part-time job, you could still be eligible for unemployment benefits based on your work history.
Unemployment benefits are figured by your state based on your employment history. In West Virginia, you must have earned at least $2,200 during the 12 months prior to your claim. Not only can you file for unemployment if you lose a part-time job, but you can also file if you have had your hours reduced at a full-time position.
You can also file for unemployment benefits even when you quit a job, if you can prove that the employer was at fault. If you are fired from your job, the employer will be required to prove that you were discharged for employment-related misconduct before benefits can be denied. The behavior in question has to be more serious than simply not being efficient, making mistakes on the job or being or a poorly performing employee. The employer has to be able to prove wrongdoing on the part of the employee, and even then, the decision can be appealed by either party.
If you are proven to have committed work-related misconduct on the job, there is a waiting period of 6 additional weeks before you can receive unemployment benefits. For gross misconduct, you cannot receive employment benefits again until you have found a new job and worked at least 30 days.
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. Call Bouchillon, Crossan & Colburn, L.C. at 304.523.8451 or contact us online to schedule an appointment.