Unemployment Benefits | VTLawHelp.org

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What is unemployment insurance?

The unemployment insurance program pays cash benefits to some workers who are laid off or fired and who haven’t found another job or have found only a part-time job. The State of Vermont’s Department of Labor provides these benefits to people who have worked in Vermont in the last 18 months. People often say they are “getting unemployment” when they get these benefits.

If you quit your job, you can get unemployment only if you quit because your employer mistreated you or did something wrong such as refusing to provide a reasonable accommodation for a disability.

Usually you can’t get unemployment if you stop working for personal reasons or because you are so sick that you cannot work at all. You may be able to get unemployment if you have to leave your job for a health reason but are still able to do other work.

Unemployment benefits usually last for up to 26 weeks.

You have to look for a job while you are getting unemployment benefits. You also must report on your job search to the Vermont Department of Labor (DOL) each week. You have to take a job you are offered if it matches your skills and experience. If you fail to comply with any of these things, your benefits will stop.

How do I apply for benefits?

Contact the Vermont Department of Labor Claims Center as soon as possible after you are laid off.

Apply even if your employer says not to. Employers do not make decisions about unemployment benefits — the state does.

Initial claims for unemployment compensation must be done by phone or online. Call 1-877-214-3332. The Department of Labor has created an online form for establishing an initial claim — complete the form here.

Before you call the Department of Labor to make a claim, gather information for their list of required information. You will have to give information about yourself and your work history.

The Department of Labor will review your claim. They will notify the employer that laid you off. The department will send you a “determination letter” that tells you whether you will get unemployment benefits.

What if my claim is denied?

If you are told you don’t qualify for unemployment benefits, you can appeal that decision. You can find information about how to appeal at the bottom of the second page of your determination letter.

These are the general steps to take for an appeal:

Mail a letter to the Department of Labor within 30 days of the date on your determination letter. Tell them you want to appeal. You also may send your appeal by email, fax or drop it off. See the Department of Labor’s website for details on what to include in your appeal letter. Keep a copy of your letter.
If you’d rather use an appeal form, you can use the UI Claimant Appeal form. Fill it out and save a copy for yourself.
Keep looking for a job and report to the department about your job search each week while you are waiting for the decision. This is important for you to get maximum benefits.

Here is what happens after you file an appeal:

An administrative law judge (ALJ) will review your claim and denial.
You will have a hearing with the ALJ by telephone conference call. The employer who laid you off will also have the right to be on the call. The call will be recorded. Both you and the employer will be able to testify under oath about what happened and submit documents at least 24 hours before the hearing. If you want someone to testify for you, they must be on the same conference call.
All of this information will be considered by the ALJ, who will decide if you should get benefits.
For more information, see the back of your Notice of Hearing or see the Department of Labor’s website for more details on the appeals process.

If you want to appeal your unemployment claim decision, we may be able to help you. Fill out our form and we will call you back. Your information will be sent to Legal Services Vermont, which screens requests for help for both Vermont Legal Aid and Legal Services Vermont. You can also call us at 1-800-889-2047.

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