BRI DVD 2011

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Unemployment Compensation Benefit Rights Interview

Benefit Rights Interview: 

Benefit Rights Interview This presentation contains information regarding your rights and responsibilities under the West Virginia Unemployment Compensation Law. The purpose of this Law is to help people who are unemployed through no fault of their own and would like to work full-time, if suitable jobs were available.

Questions that will be addressed.: 

Questions that will be addressed . How will I know if I am eligible? Do I have to register for work with Job Service? May I file my bi-weekly claims by internet? What are my appeal rights? May I work and still receive benefits?

Requirements: 

Requirements Before you can receive unemployment benefits, you must file a claim, and then meet the following requirements: You must be totally or partially unemployed; You must have earned at least $2,200 in covered employment during more than one quarter of the designated base period; and Unless you belong to a union hiring hall you must register for work with Job Service.

You Must Be Totally or Partially Unemployed: 

You Must Be Totally or Partially Unemployed To be totally unemployed, you must be earning no wages and performing no work for any employer. To be partially unemployed, you are not separated from employment, but full-time hours are not available to you. When you are filing a claim for unemployment, the reason you are unemployed must be considered.

You must have been paid enough wages in covered employment during your base period.: 

You must have been paid enough wages in covered employment during your base period . Your base period is a twelve-month period that is determined by the date your claim is effective. This twelve-month period includes the four calendar quarters immediately preceding the most recently completed quarter. You must have worked and earned at least $2,200 in wages in covered employment and had wages in more than one quarter of your designated base period.

You must register for work with Job Service : 

You must register for work with Job Service Unless you belong to a union hiring hall or are filing with Low Earnings Reports, you must register with your nearest Job Service office. If you are required to register for work with Job Service, you must register before filing your sixth week of benefits, or you may be denied.

You must register for work with Job Service: 

You must register for work with Job Service J ob Service is here to assist you in your reemployment efforts. If you are required to register with Job Service, you will be registered today, if you provide the following information: Accurate and Complete Work History Job Preferences Minimum wage you are willing to accept Number of miles you are willing to travel, and Education If you do not supply ALL of this information, you are not registered and we cannot assist you in seeking work.

You must register for work with Job Service: 

You must register for work with Job Service In order to maintain an active registration and thus, be called for work referrals, it is your responsibility to contact Job Service in-person, by mail, or by phone every 60 days to update your registration. You should also notify them of any changes in your registration. Job Service uses a phone notification to contact individuals for referrals. If the system does not reach an individual, it will leave a message on an answering machine or voice mail to contact the appropriate office. If they are unable to make phone contact they will send you a letter. If you do not respond to these notifications, your benefits may be denied . Job postings are updated daily at the following website: www.workforcewv.org

After you file a claim, you will receive an “Initial Claim Determination and Deputy’s Decision”: 

After you file a claim, you will receive an “Initial Claim Determination and Deputy’s Decision” This is your Notice of Monetary Eligibility, which shows the following: The 12-month period used for your claim, which is your base period Your total base period wages The beginning and ending dates of your benefit year If you are eligible, the weekly and maximum benefit amount you can receive during your benefit year

When you receive the notice of Monetary Determination: 

When you receive the notice of Monetary Determination Review the information on the form. If you do not have enough wages, the word “INELIGIBLE” will be checked. If you feel that some of your base period wages are not on this Monetary Determination, you can request a redetermination (a recheck of your wages). You must also notify this office if there are any wages on the form that do not belong to you. Continue to file your claim while we are rechecking your wages. You cannot be paid for benefits for any weeks you do not claim.

You MUST actively search for work during each week you claim benefits: 

You MUST actively search for work during each week you claim benefits Unless you are in state-approved training, or on jury duty, or a member in good standing of a union hiring hall, you must search for work during each week you claim benefits. Your claim may be randomly selected for review, at which time you may be requested to furnish your job contacts.

You MUST actively search for work during each week you claim benefits: 

You MUST actively search for work during each week you claim benefits The West Virginia Job Service is available to assist you with: Job listings Internet access for job search at www.workfor cewv.org Where available, assistance with resume writing

You MUST be able to work and available for work for each week you claim: 

You MUST be able to work and available for work for each week you claim You must be able to work. You must be able to get to and from work. You must be willing to accept full-time work in the labor market area in which you live. There must be nothing preventing you from accepting full-time work.

You MUST file your continued weeks timely: 

You MUST file your continued weeks timely Your claim must be filed within six (6) days after the end of the weeks in which you are claiming. If you file your claim late, it cannot be paid unless it is determined that you had good cause for late filing.

You MUST also select a four-digit Personal Identification Number (PIN): 

You MUST also select a four-digit Personal Identification Number (PIN) You must remember the number that you have selected and should not disclose the number to anyone. You will be required to furnish the Personal Identification Number when filing claims by telephone or internet and when checking on the status of your claim. If you cannot provide your four (4) digit Personal Identification Number, you will be required to report to your local claims office and show sufficient identification before you can obtain information regarding your claim.

Options to file your continued claims: 

Options to file your continued claims You can file your claims by: Accessing the Internet at www.workforcewv.org Using the telephone at 1-800-379-1032, option 1 to claim a week of benefits. If your attempt to electronically file your claim is unsuccessful, please contact your local office IMMEDIATELY. Filing in person or by mail may delay the receipt of your benefits.

Filing by internet or telephone: 

Filing by internet or telephone In order to file continued claims by internet or telephone, two weeks must be claimed. The only exceptions are when you have returned to full-time work or have a remaining benefit balance of one (1) week or less. Your normal two week filing period must have passed in order to file under these situations. Unsuccessful attempts by internet and telephone filing will result in both weeks having to be filed at your local office.

Options to file your continued claim form : 

Options to file your continued claim form If you must file your claim in person or by mail, remember to complete the form entirely. Do not mail your claim form before the date on the bottom of the form .

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If you meet all eligibility requirements, you will receive benefits. We will now review questions asked for your bi-weekly filing. While you have an option of the filing method, the questions are the same for each method used to file.

Questions on your claim form: 

Questions on your claim form Were you able to work and available for work each day of the week? Did you actively seek full-time work during the week? How many job contacts did you make for the benefit week? Did you refuse any work or fail to report for a job interview? Did you attend school or training? Did you apply for a pension, retirement pay or social security benefits? Are you receiving a pension, retirement pay or social security benefits? Did you work during the week, including self-employment? Did you receive a bonus, wages in lieu of notice, holiday pay or vacation pay? Have you returned to full-time work?

You must report any earnings or other income you have during the weeks you are claiming.: 

You must report any earnings or other income you have during the weeks you are claiming. When you report earnings, you must report the gross (before deductions) amount earned—not when paid. Never guess or estimate your earnings. Ask your employer the exact amount before filing. You must report wages for any work you do and the total number of hours worked, even if you are not paid until after the weeks you are claiming.

You must report any earnings or other income you have during the week you are claiming : 

You must report any earnings or other income you have during the week you are claiming Although you must report all work and earnings, the first $60.00 earned in each week will not reduce your weekly benefit amount for that week. All earnings above $60.00 are deducted on a dollar-for-dollar basis from your weekly benefit amount for that week.

You must report any earnings or other income you have during the week you are claiming : 

You must report any earnings or other income you have during the week you are claiming You must report work for which you received something besides money as payment; i.e., working for a landlord instead of paying rent. You must report any bonus, vacation pay, holiday pay, wages in lieu of notice, income from profit sharing plan, retirement pension, annuity, or social security benefits received .

You must report any earnings or other income you have during the week you are claiming : 

You must report any earnings or other income you have during the week you are claiming The local claims office will determine if such payments affect your benefit amount. You will need to keep a record of any odd job earnings for verification purposes .

You must report any separations from employment while filing. : 

You must report any separations from employment while filing. You must report all separations from employment while filing for unemployment benefits. Failure to report earnings and/or a separation from employment while filing for benefits could result in an overpayment of benefits, which may result in a fraud disqualification or prosecution.

Unemployment Compensation is subject to Federal & West Virginia State Income Tax: 

Unemployment Compensation is subject to Federal & West Virginia State Income Tax If you would like for us to do so, we can withhold ten percent (10%) of your gross weekly benefit amount and forward it to the Internal Revenue Service on your behalf. Only federal income tax is withheld. We cannot withhold state tax. During your claim year you may only change your withholding selection once. By January 31 st we will mail Form 1099-G, which will show benefits paid to you and taxes withheld during the previous year.

Deputy’s Decision: 

Deputy’s Decision If there is a quit, discharge, or eligibility issue, a Deputy’s Decision will be issued to you and your employer. The decision will tell you whether you are qualified and/or eligible in all aspects.

Appeal Rights: 

Appeal Rights If you disagree with the Deputy’s Decision, you can file an appeal in person at your local office, or by mail. You must appeal the decision within eight (8) calendar days from the date the decision was mailed. Continue to file your claims for benefits while your claim is under appeal. You cannot be paid for any weeks you did not claim timely.

Work Referrals and Offers: 

Work Referrals and Offers You must tell the claims office any time you refuse a job service referral or an offer of work, even if you feel the work you were referred to or offered was not suitable.

Unemployment Compensation for West Virginians : 

Unemployment Compensation for West Virginians When you leave today, you will be given a copy of the Unemployment Compensation for West Virginians . This booklet spells out your rights and duties under the West Virginia Unemployment Compensation Law. It is your responsibility to read the handbook and to keep it for future reference. If you have any questions about your benefit rights and duties that you cannot answer by referring to the handbook, it is your responsibility to obtain the answers by contacting the West Virginia Unemployment Compensation Division.

In Summary, your rights under the West Virginia Unemployment Compensation Law are: : 

In Summary, your rights under the West Virginia Unemployment Compensation Law are: You have the right to request a redetermination of your base period wages if you feel they are incorrect or incomplete. You have the right to appeal any decision that affects your benefit payment. If you are eligible and meet all other requirements during your benefit year, you may receive unemployment benefits up to twenty-six (26) times your weekly benefit amount. You will not begin receiving benefits until you serve a one-week unpaid waiting period.

In Summary, your rights under the West Virginia Unemployment Compensation Law are: : 

In Summary, your rights under the West Virginia Unemployment Compensation Law are: You must register for work with Job Service. You must actively search for work during each week you claim benefits and keep an accurate log of your work search. You must be able to work and available for work each week you claim. You must file your continued weeks timely.

In Summary, your rights under the West Virginia Unemployment Compensation Law are: : 

In Summary, your rights under the West Virginia Unemployment Compensation Law are: You must report any earnings or other income you have during the week you are claiming benefits. You must tell the claims office if you refuse a referral to or an offer of work, even if you feel the work was unsuitable. If you have questions concerning this Benefit Rights Information, you are to refer to the Unemployment Compensation for West Virginians handbook.

Periodically you may be required to report in person.: 

Periodically you may be required to report in person . Eligibility Review Program (ERP)– this program is in place to ensure that you are meeting the eligibility requirements for receiving benefits and to assist you in your return to work. Reemployment Services– This program provides work search assistance, specialized labor market data, information on retraining opportunities and financial aid.

Periodically you may be required to report in person: 

Periodically you may be required to report in person These requests or call-ins may also include: Quality Control—These random audits are conducted to ensure proper payment and verify work search contacts. Crossmatch—Compares unemployment data against employer wage reports and new hire information to ensure that benefits were not paid for any week(s) employed. Employers are required by law to report wages to us. We crossmatch our records with their records to determine if benefits have been paid accordingly. Immediately upon employment, your employer is required by law to let us know you have been hired. Failure to respond to any of these requests or call-ins may result in a denial of benefits.

WorkForce Investment Act (WIA): 

WorkForce Investment Act (WIA) Who is Eligible? Economically Disadvantaged Adults age 18 years and older who do not meet certain economic standards Dislocated Workers who have lost their job due to layoff, closure, or downsizing Displaced Homemakers who have lost their means of support (husband laid off, death of spouse, etc.) Economically Disadvantaged Youth between the ages of 14 and 21

WorkForce Investment Act (WIA): 

WorkForce Investment Act (WIA) What programs are available? Occupational Skill Training—provides financial assistance for schooling up to 2 years in length On-the-job Training—customers receive training on the job Youth Programs—Services available to youth such as assistance in GED, dropout prevention, and paid/unpaid work experience You must see a Workforce Investment Act representative to discuss eligibility for these services.

Veteran Services: 

Veteran Services Veterans of the US Armed Forces, released with character of service other than dishonorable, receive priority in all Employment and Training Programs. The order of priority is as follows: Service-connected disabled Veterans Veterans who served on active duty during a period of war or in a campaign or expedition for which a campaign bade or expeditionary medal has been authorized Recently separated Veterans Other eligible Veterans

Veteran Services: 

Veteran Services Eligible spouses—Must be a Spouse of: (a) A Veteran who died of a service connected disability or (b) Service Member captured, detained, or missing in action or (c) Veteran who has a total service connected disability or who died while such disability was in existence

You have now received your Benefit Rights Interview!: 

You have now received your Benefit Rights Interview! Please initial and sign the Benefit Rights Interview Checklist. This checklist is our verification that you have completed this interview. Also, sign the Claimant Certification of Handbook Receipt. This is our verification that you have received the Unemployment Compensation for West Virginians handbook and been advised of your responsibilities concerning the receipt of the handbook.