What are an employee’s rightswhen asking for partial unemployment benefits fromtheir employer?

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What are an employee’s rightswhen asking for partial unemployment benefits fromtheir employer?

How does this work? I teach as an on-line instructor for a large on-line institution (5 years). My hours and course offerings were dramatically reduced. I filed for partial unemployment through my state, VA. The company hired by my employer to handle such claims from employees has been uncooperative in helping to fill out the paperwork needed to get compensation. An associate of this contracted company did fill out 2 months of paperwork but has since refused to do it any longer stating that it is beyond the scope of their obligations. What can I do? Is it at the discretion of the company to pay?

Asked on July 14, 2011 under Employment Labor Law, Virginia

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The company can always contest full or partial unemployment compensation. This is why oftentimes the appeals process and even initial application process can take so long! You should talk to the state and apply directly. If this company is not going to help you, keep notes of this and simply apply directly (you don't need a third party) but be prepared to fight an uphill battle if the employer contests the application and benefits you may receive. Make sure when you speak to someone in your telephone interview about those benefits, you make it clear you attempted to file earlier but had a difficult opportunity getting your application properly processed.


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