Filing A Claim
When an individual files a claim for benefits, his eligibility is determined by three factors:
1. monetary eligibility,
2. reason for separation, and
3. weekly eligibility.
Monetary Determination
To establish a claim, an individual must have sufficient wages in covered employment during the base period. The base period is the first four of the last five completed calendar quarters preceding the week in which the claim is filed. If the claimant has earned insufficient wages in the first 4 of the last 5 completed calendar quarters to become eligible for benefits, then such claimant’s “base period” shall be the 4 most recent completed calendar quarters immediately preceding the first day of the claimant’s benefit year. (See the Appendix at the end of this document for current qualifying requirements and minimum and maximum benefit amounts.) §60.2-204, §60.2-612
Once a claim is established, it remains in effect for one year. During that year, the claimant may, if he is unemployed and otherwise eligible, receive weekly benefits until he exhausts his entitlement. §60.2-206, §60.2-602
Employer’s Report of Separation & Wage Information
At the time a claim is filed, a request for information is mailed to the last thirty-day or 240 hour employer, and to any subsequent less-than-thirty-day/240-hour employer. This form is called “Employer’s Report of Separation and Wage Information.” It should be completed and returned by the return date shown on the form. Otherwise the Claims Deputy may not receive the information in time to be considered in determining the claimant’s eligibility to receive benefits. §60.2-619 The report will provide you with the date and time of the hearing. It allows both the employer and the claimant an opportunity to present their sides of the case and offer rebuttal. If you do not wish to participate, your written statement will be considered in determining eligibility. §60.2-619, Regulation 16 VAC 5-80-10.
Unemployment claims may cost your company money. If you do not believe that an employee meets the criteria for receiving benefits you should participate in any hearing. Please see “frequently asked questions” on our website for additional information.
Predetermination Fact-finding Interview
Whenever a separation issue exists, a fact-finding interview is scheduled approximately two weeks from the date a claim is filed. Both the claimant and employer are notified of the date and time of the hearing. It is your responsibility to make sure the VEC has the correct contact person and telephone number prior to th hearing. This interview is conducted by telephone the employer is not required to participate. In many cases the decision is rendered by the deputy on the same date the hearing is conducted. Any written information (reprimands, warnings, attendance records, signed policy statements, etc.) submitted will receive full consideration. However, the employer’s participation adds weight to the case and provides the opportunity to offer rebuttal to any statement made by the claimant at the interview. §60.2-619, Regulation 16 VAC 5-80- 20
Nonmonetary Determination
Whenever any eligibility issue arises, a Claims Deputy gathers the facts needed to determine whether benefits should be denied or allowed. The Deputy then issues a “Notice of Deputy’s Determination,”VEC B-54. This notice includes a summary of the facts surrounding the case and the section of law that pertains to that issue. Finally, it states the Claims Deputy’s decision pertaining to eligibility and the procedure to follow should an interested partywish to appeal. §60.2-619, Regulation 16 VAC 5-80-30.
A claimant who is initially determined eligible to receive benefits by the Commission may continue to receive them until an appeal is decided against him. If he is finally found to be ineligible, he will be required to repay the benefits received. If an appeal is decided in favor of the claimant who once was disqualified, the individual may be paid benefits properly claimed for the time the claim was on appeal. §60.2-619, §60.2-633
Disqualifications or indefinite denials to receive benefits remain in effect until the claimant is employed thirty days (or 240 hours) with one employer and becomes unemployed through no fault of his own. An individual who is qualified to receive benefits must meet weekly eligibility requirements before benefits are paid. Failure to meet these requirements can result in a denial of benefits for the week(s) in which the failure occurred. §60.2-612, §60.2-618