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Unemployment
Insurance
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Individuals who are considered out of work through no fault of their own may be eligible to receive unemployment insurance benefits.
Minimum qualifications for
eligibility include, but are not limited to:
1. Sufficient earnings within the base
period of a claim to qualify monetarily for benefits;
2. Must be wholly unemployed or employed less than full-time and have
earnings less than their weekly entitlement;
3. Must be found to be out of work through no fault of their own;
4. Must be available to seek and accept work customary to their normal
occupation;
5. Must be physically and mentally able to work at the time they initiate
a claim for benefits; and,
6. Must not refuse suitable work when offered.
A person must have worked in employment and have sufficient wages within a base period to qualify for the claim. The work must be in "covered" employment, but is not required to be wholly within one state. The vast majority of employers are "covered" employers, but some employment is exempt from coverage, such as work performed for a church, self-employment and work performed for private employers while in the custody of a state correctional institution.
In Nevada, a person must have earned at least $400 in one quarter of the base period, and have total base period earnings of not less than 1-1/2 times the earnings in the highest quarter, OR must have wages in at least 3 of the 4 base period quarters used to calculate eligibility.
A person must be either wholly unemployed or be working a reduced schedule due to insufficient hours to be considered unemployed. Persons on a leave of absence, individuals receiving worker's compensation and commission salespersons working full-time but not earning commissions due to lack of sales are not considered unemployed. Also, individuals who are self-employed do not meet the definition of unemployed, unless the self-employment is casual in nature and can be worked at the same time as a full-time job in the person's customary occupation.
Out of Work Through No Fault of Their Own:
Nevada reviews separations from the most recent period of work (Last Employer), and, in some case, the net to most recent work (Next-to-Last Employer). In order to be determined to be out of work through no fault of their own, a person must be laid off, discharged (fired) for reasons other than misconduct as defined under law, or quit for reasons meeting the test of good cause under the law. There are other provisions covering labor disputes (strikes and lockouts), retirement and leaves of absence.
If an individual has worked for their most recent employer for less than 4 months on a full-time basis, the reason for separation from the previous employer is reviewed as well. Separation from that period of employment MAY be basis for denying benefits.
When a person has separated from the most recent period of employment (Last Employer) and in some cases, the next to most recent (Next-to-Last Employer) work for a reason other than a layoff due to a lack of work, a temporary hold is placed on the claim while the circumstances are investigated. All parties are provided opportunity to submit information used to issue a determination of eligibility to receive benefits. The Division representative determines if the reasons provided by the employer and the claimant allow payment of benefits. The party that does not prevail in this process has the right to appeal to a referee for further review.
Other factors may be reviewed
through this process, including, but not limited to:
1. The individual's availability to seek and accept work;
2. Receipt of vacation or severance payments;
3. Refusing an offer of work; and,
4. Participation in
reemployment services designed to shorten the duration of a person's
unemployment.
Available to Seek and Accept Work:
A person must be actively engaged
in efforts to seek and secure employment in their customary occupation to be
eligible to receive benefits. A person must not have personal
circumstances which prevent them from applying for a job and accepting a job
when offered. Some examples of circumstances that may prevent a person
from being available for work include, but are not limited to:
1. Inadequate child care;
2. Lack of adequate transportation;
3. Lack of tools required to perform the job;
4. Unwillingness or inability to work the days and hours customarily
required by the type of work; and,
5. A personal decision to attend school not designated as approved
training by the Division.
Persons in good standing with a hiring hall union and reporting for job call as directed, those on temporary lay-off with a definite date to return to work as defined by the employer and approved by the Division and persons attending a training or educational program designated as approved by the Division are considered available for work.
A person must be physically and mentally able to accept employment at the time they file their claim. Individuals who can not work due to accidents or illness may not meet this criteria. If benefits are denied under this provision of the law, the denial lasts only as long as the condition giving rise to the denial exists. If a person has a medical condition that prevents them from seeking or accepting employment in their customary occupation, the individual will be asked to provide medical documentation of the condition as attested to by their physician. When the individual is released by their doctor to return to work in their customary occupation, proof is required of that release and the denial of benefits is ended.
Must Not Refuse Suitable Work:
A person must accept an offer of suitable employment when made and must go on referrals to suitable work as directed by this Division. Suitable work is defined as work which the individual customarily performs and that pays the prevailing (average) wage for that type of work in the area that the work is being performed. Individuals who have held a job for a long time and then find themselves unemployed may have difficulty with this provision, as their wages likely exceeded the average wage paid for that type of work. Unemployment Insurance is that, an insurance designed to prevent excessive financial hardship while the worker secures a job with another employer. It is not designed to allow an individual to refuse lower-paying positions until he secures a job with 100% wage replacement.
The Nevada Employment Security Division Job Service refers individuals who are receiving benefits to work when suitable openings are available. A person who refuses to apply for a job as directed by the Job Service may be denied further unemployment benefits.
Filing a Claim for Unemployment Benefits:
All unemployment is handled through our automated telephone system, or our Internet Claims System.
Northern Nevada
(775) 684-0350
Southern Nevada (702) 486-0350
Rural Nevada, Long
Distance or Interstate
(888) 890-8211
For more
information about Unemployment Benefits, contact a Call
Center.
For current job openings, contact your nearest
JobConnect Office
Questions or comments
can also be submitted via E-mail
Internet
Unemployment Insurance Claims System
Tips for using the Automated Telephone System
Department of
Employment, Training and Rehabilitation
Employment Security
Division
500 East Third Street
Carson City, Nevada
89713-0021
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