Does Unemployment Contact Your Employer & Can They Sabotage You?

Have you recently lost or quit your job and you’re wondering if the unemployment office will contact your employer to verify your benefit claims?

Yes, the state unemployment agency will get in contact with your most recent employer once you submit an unemployment claim. This is because your eligibility for benefits is something the government wants to be certain of.

This article explores why the unemployment office has to contact your employer and how you can be disqualified for unemployment benefits.

What disqualifies you from unemployment?

If the director determines that your most recent employment was terminated for wrongdoing related to that employment, or that you left that employment willingly and without justification, you become ineligible for unemployment benefits.

Violations of corporate policy, legal violations, poor management of your position, and inability to do your duties to the best of your ability are a few examples of misconduct that could result in your dismissal.

SEE: Hire To Fire Meaning, Causes, And Disadvantages

How does unemployment know when you are not working?

When you apply for unemployment benefits, you must certify your claim on a weekly or biweekly basis by providing information about your job situation and any income you received during that time. 

DOES UNEMPLOYMENT CONTACT YOUR EMPLOYER - LMSHERO

After reviewing and verifying your claim, the labor department of your state releases payment the following week.

How do you become eligible for unemployment benefits?

State-by-state variations exist, but broadly speaking, you will only be eligible for benefits if:

  • You possess the ability to work, are available to work, and must be actively seeking employment (the number of job search activities required depends on your state).
  • You fulfill the labor and/or income standards set forth by the state. Benefit eligibility is restricted to workers with a certain level of recent wages or work experience. 
  • You are unemployed despite it not being your fault. However, you won’t be qualified for benefits if you left your previous work voluntarily and without “good reason,” as that term is defined by your state.

SEE: Terminated vs Fired: Differences and Examples

Can your past employer affect your unemployment benefits claim?

Your unemployment benefits cannot be “denied” by your former employer. The governmental agency, not the employer, is in charge of making this choice.

If your employer contests your benefits claim, they must show the agency that you do not fulfill the qualifying conditions.

The employer can allege, for instance, that you did not meet the state’s earnings standards because you did not earn as much as you reported.

Or, contrary to what you said in your application for benefits, your employer can assert that you quit your work without a valid reason.

When your former employer disputes your assertions and what you stated on your application, you will be given the chance to explain your side of the story. To reach a decision, the state agency will sometimes hold a hearing, either in person or over the phone.

Payroll taxes are levied by the state on a per-business and per-organization basis. This is based on payroll size and the number of former employees who have received unemployment benefits.

An employer’s tax payment increases with the number of claimants.

SEE: Employee Harassment Major Types and How to Deal with Them

What can you do when you’ve been denied unemployment benefits? 

You are entitled to file an appeal if your benefits application is rejected. Although they vary from state to state, the deadlines for filing an appeal are usually relatively short. 

Normally, you have ten to thirty days from the time you learn that your claim has been rejected to file your appeal documentation.

Along with your notice of denial, the state agency may also send you an appeal form and instructions for filing one. If they don’t, get in touch with the agency straight away to learn how to appeal. 

You must include a justification for why you think your claim ought to have been approved in your appeal documentation. The state government will set a hearing date where both the employer and you will have the chance to present your case.

A decision approving or rejecting your benefits application will then be made by the hearing officer. You can appeal again if your first attempt is unsuccessful.

This second appeal can also be made to the state unemployment office in some states, but not in others. In those states, you must file an appeal with the state court system.

SEE: Best Online Legal Services That Deliver the Same Result as Attorneys

FAQs

What happens if your employer does not respond to an unemployment claim?

Employers who fail to answer in a timely manner will be seen as having failed to respond.

Employers are regarded to have displayed a “pattern of failure” to react when they fail to answer two or more claims, in which case they will not be reimbursed for any incorrect UI payments that the State recovers.

Can I collect unemployment if I quit?

If you can demonstrate that your working circumstances were “unsafe, unhealthful, or dangerous,” and that you had “no choice but to leave the employment,” you may be qualified to get unemployment benefits.

Does getting fired go on your record?

Firings do not go on your record in the United States.

Typically, former employers just reveal the duration of work (hiring date and termination date) and nothing else. The pay, the cause for the termination, and any other details are not disclosed. 

Conclusion

Many people who apply for unemployment benefits are unaware of their ineligibility to receive them. State laws differ, but if an employer can demonstrate that you were fired for reasons that were caused by you, the state will reject your claim. 

The only way around this system is if your employer chooses not to contest your claim. Another way is if your employer cannot offer sufficient proof of why you were fired. In such cases, you might still be eligible for benefits.

Additionally, some claimants file for unemployment benefits despite knowing they don’t qualify since they were dismissed. 

The state will get in touch with your former employer a few days after you make a claim. This is done to confirm the reason for your work termination. Your employer will likely inform the state agency of your termination and the reasons for it.

I hope you found this article helpful. You can also read about the differences between unemployment benefits and welfare benefits

Thanks for reading.