Discharge
The claimant shall be disqualified if it is determined by the Commission that he was discharged for misconduct in connection with work. The employer must show that the claimant deliberately violated an established rule or intentionally committed an act in disregard of the employer’s interests. §60.2-618
Voluntary Quit
The claimant shall be disqualified if it is determined by the Commission that he voluntarily left his employment without good cause. In disputes over whether a separation was a quit or discharge, the employer bears the burden of establishing it as a quit. Once done, the claimant must show that he was compelled without reasonable alternative to leave his employment. The law specifically states that leaving employment to enter into self-employment or to follow or accompany ones spouse to another locality does not constitute good cause. §60.2-618
Voluntary Quit/Discharge
The claimant is eligible for only two weeks of benefits if he gives notice of resignation but is terminated immediately by the employer and is not allowed to serve out his notice. §60.2-612. This provision applies only if the claimant cannot establish good cause for leaving work pursuant to §60.2-618, and was not discharged for misconduct as provided in §60.2-618.
Labor Dispute
The claimant may be held ineligible if his unemployment is due to a labor dispute in active progress. §60.2-612
WEEKLY ELIGIBILITY REQUIREMENTS
Failure to Accept Suitable Work
If the claimant refuses suitable work without good cause while claiming unemployment benefits, he may be disqualified from receiving further benefits. Many factors are considered in determining suitable work including work experience, wages, the claimant’s health, safety, physical fitness, the degree of risk to his moral well-being, and the distance of the work from his home. Work is not considered suitable if it is available due to a strike or lockout, if the conditions of work are substantially less favorable than those prevailing for similar work in the community, or if the claimant would be required to quit or to join a union. A disqualification begins with the first day of the week in which the failure to accept work occurred. §60.2-618
Able and Available
The claimant shall be held ineligible for any week in which he is not able and available for work. He must be physically and mentally capable of performing work and he must be willing to accept such work without undue restrictions. He also must make an active, personal search for work each week and provide a list of all job contacts to the Commission. The Commission verifies selected contacts each week. Individuals who falsify such contacts may be prosecuted or disqualified from receiving further benefits for a full year. §60.2-618
Waiting Period
For each benefit year a claimant must serve a waiting period, which is not paid. The waiting period is the first week claimed in which all the eligibility requirements have been met. Only one waiting period week is served in a benefit year. §60.2-612
Earnings
A claimant must report gross earnings, including holiday/vacation pay, for each calendar week while he is claiming benefits. If he earns less than his weekly benefit amount, his benefits are reduced by the amount that his earnings exceed $50. All wages earned during a shift that begins on Saturday and ends on Sunday may be reported for the week in which the majority of such wages were earned. §60.2-226, §60.2-603
Severance Pay
Severance and dismissal pay is treated as wages and may be allocated by the employer for any period following separation provided it is at a weekly rate at least equal to the average weekly wage received by the employee during the last calendar quarter preceding the separation. Note the allocation on the employers separation report and return it promptly because if no allocation is made by the employer, the severance pay will be allocated to the last day of work. §60.2-229.
If you have questions regarding the treatment of severance pay, contact the Manager of the VEC Workforce Center nearest you. A full listing of VEC office locations, phone numbers, and contact names are listed on the VEC website.
Pension
Only 50 % of the weekly Social Security pension amount is deductible from UI benefits. Once the UI Trust Fund reaches 50% solvency, there will be no deduction of a Social Security pension.
If a claimant is receiving a pension based on his previous work from a base-period or chargeable employer and the weekly amount is less than his weekly benefit amount, his benefit amount is reduced dollar-for-dollar by the amount of his pension. If the pension exceeds his weekly benefit amount, he is not eligible for benefits. Service-connected veterans˜ disability payments from the Veterans Administration are not deducted from the weekly benefit amount. Certain workers˜ compensation payments are similarly exempt. §60.2-604
Partial Unemployment
Partial unemployment occurs during any week in which an individual works, but at reduced hours due to a lack of full-time work. The claimant may be eligible for benefits if he earns less than his weekly benefit amount, but not solely because he did not work on a legal holiday as defined in Section 2.1-21 of the Code. An employee who receives only holiday pay without working in a particular week cannot be considered partially unemployed and must instead report to a commission local office to file a part-total claim for the week. §60.2-226, Regulation 16 VAC 5-10-10.
When an individual files a claim for partial unemployment, a “Notification of Claim(s) Filed for Benefits” (VEC-B-32) is mailed to the employer by the Commission. This notice advises the employer of the filing of the claim and the claimant’s weekly benefit amount. The employer must furnish the claimant with a “Statement of Partial Unemployment,” VEC-B-31, within fourteen days of the end of the pay period in which partial unemployment occurred. Regulation 16 VAC 5-60-20. This form may be obtained from your nearest VEC office, or on the VEC website.
Mass Separations
A mass separation occurs whenever twenty-five or more workers in an establishment are laid off, either temporarily or permanently, at the same time. Employers can file mass claims on behalf of their employers online at www·vec·virginia·gov/vecportal/unins/empfile·cfm. Be sure to notify the VEC office nearest your place of employment prior to you filing the mass claims. Regulation 16 VAC 5-60-10.C.
Separation Due to a Labor Dispute
You should notify the Commission of the existence of the labor dispute and the approximate number of workers affected. The Commission may request the names of the workers ordinarily attached to the department or establishment affected by the labor dispute. Regulation 16 VAC 5-60-10.C.
Interstate Claims
If an individual earns base-period wages in covered employment in Virginia and moves to another state, he may file an interstate claim against the state of Virginia. Also, an individual may file a claim in Virginia against another state if base period wages were earned in the other state. As an interested party, you may be asked to furnish separation information to Virginia or to any other state. Information should be furnished within the time limits specified on the form to ensure that a proper eligibility determination is made. §60.2-116, Regulation 16 VAC 5-70-10.