Eligbility: Statutory Provisions & Good Cause
Thirty- six (36) states and D.C have made amendments to their unemployment insurance statutes to provide protection to claimants who lost their jobs due to domestic violence.[1] For a claimant to receive benefits, they must determine what the standard of causation is in their state and how closely related the domestic violence was to their job loss.[2]
However, even in states without a domestic violence statute provision, victims may still qualify for benefits. A victim may qualify if they can establish good cause existed although quitting was voluntary. For example, good cause may exist where the abuser has threatened the victim in the workplace or has created an unsafe work environment for the victim and their coworkers. Good cause could also be established where a victim quits their job to relocate to another state to escape an abuser.
Eligibility: Proof & Confidentiality
Many states require that victims submit written proof of the abuse they experienced; however, some states have stricter requirements than others. For example, some states require that proof be in the form of court orders or police records, [4] but more liberal requirements allow for victims to use statements from the people who assist them, like shelter employees, doctors, counselors and even attorneys.[5] Even if a victim cannot provide written proof of the abuse they should still file a claim as they could potentially obtain benefits under the standard rules for separation.
As an advocate for survivors, you should be aware of any confidentiality provisions that your state may have enacted. Many victims are hesitant to provide their employer with information about their abuse for a variety of reasons. Some states have enacted confidentiality provisions to combat these barriers to disclosure, but some state agency employees are unaware of these confidentiality provisions.[6] Victims should seek legal advice if they are concerned about disclosing information related to domestic violence.
Obtaining Unemployment Insurance Benefits
People seeking unemployment insurance benefits must apply in the state where they worked even if their state of residence differs from their state of work. If it is the case that a claimant has a choice of where they can file advocates should compare the benefit rates, including benefit calculation, maximum amount of benefits, and duration of benefits to see which state would provide claimant with the highest amount of benefits. An important note is that if a victim is worried about the impact domestic violence could have on their job stability, the victim should seek legal advice from an unemployment expert before the job loss occurs whenever possible.
Appealing Denials of Benefits
If a claimant has their initial claim denied, they can exercise their right to have a fair hearing before an impartial tribunal.[7] Be aware that deadlines to appeal can be short, 10 to 15 days in some instances,[8] and if the deadline is missed, the opportunities to appeal will be limited. Claimants need to provide the unemployment agency with a reliable address and check their mail regularly to monitor possible appeal deadlines. However, this may pose a challenge for victims living in a shelter or living with an abuser who controls access to mail.
Maintaining Eligibility
Once a claimant is awarded benefits consistent efforts must be made to maintain eligibility. Periodic claim cards must be filed, usually weekly or biweekly, and the claimant must show that they are able to work, available for work, and are actively searching for work during any week in which they claim unemployment.[9] These requirements can be difficult to meet especially for victims that are changing their housing or are currently receiving medical treatment. Some states have relaxed these standards and the Department of Labor has indicated that other states can adopt similar legislation.