PLEASE NOTE: ANSWERS PROVIDED HERE ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can only be provided after consultation by an attorney in our office. Answering this question does not create an attorney-client relationship or otherwise require further consultation.
One of the basic requirements to receive unemployment benefits is that the employee must establish “monetary eligibility,” by working and earning a certain amount of wages or by working a certain number of hours:
To qualify for benefits the employee must meet the minimum monetary requirements of earning at least $2781.00 in the base period (first four of the last five completed calendar quarters, prior to when the claim is filed), with at least $800.00 in each of two separate base period calendar quarters. Example: If the employee files a claim in the first quarter (January, February or March) the base period would be the fourth quarter of the year before last and the first three quarters of last year. The base period is the first four of the last five completed calendar quarters prior to when the claim is filed. The insured wages earned during these quarters determines the employee’s monetary eligibility.
Thus as long as they’ve met this requirement, your handbook policy is not going to make a difference on UI eligibility.
1) Is a union involved, or did you have an employment contract with your employer?
2) Was your firing on account of your race, color, religion, national origin, sex, age, physical or mental disability (or perceived disability), marital status, genetics, service in the uniformed services, or any other classification protected by law?
3) Was your firing in relation to having recently been injured at work or making a workers’ compensation claim?
4) Have you complained about not being paid overtime, minimum wage, or similar concerns?
5) Have you reported your employer to any authorities because of illegal conduct or unsafe working conditions?