Kansas Unemployment Guide

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Coronavirus Update! -- What Kansas Residents Need to Know About Unemployment Benefits

As the coronavirus sweeps across the country, the unemployment rate is on the rise in every state. If you have lost your job in Kansas, apply for unemployment benefits at the Kansas Department of Labor. Learn about how unemployment claims relating to COVID-19 will be handled in Kansas.

More than three million claims for unemployment benefits were filed in the third week of March, 2020, and experts predict claims could rise even higher due to COVID-19 and the steps state and local governments have taken to contain it, from orders shutting down nonessential businesses to shelter-in-place restrictions, school closures, and more.

If You Are Still Employed: You may be eligible for emergency paid sick leave or paid family leave under a new federal law, the Families First Coronavirus Act. Some states also provide paid time off that may be available to you. See Am I Entitled to Paid Sick Leave, Family Leave, or Vacation Time in Kansas to learn more about these programs. 

How Unemployment Programs Are Adapting to COVID-19

Federal and state governments are rapidly making changes to their unemployment programs, to ensure that more people who are out of work receive benefits more quickly.

Federal CARES Act Expands Benefits to Workers in Kansas

Congress has passed a $2 trillion stimulus package, the Coronavirus Aid, Relief, and Economic Security ("CARES") Act, which greatly expands the nation's unemployment compensation program. Employees eligible for unemployment in Kansas will receive an additional $600 per week of federally-funded benefits, on top of what Kansas already pays. These additional benefits will be available through July 31, 2020. And, unemployed individuals who exhaust their state-funded benefits will receive an additional 13 weeks of benefits, available through December 31, 2020.

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How Do I Apply for Unemployment Benefits in Kansas?

In response to the coronavirus outbreak, some states are imposing restrictions on people gathering in public locations. This may affect your ability to access physical offices of the the Kansas Department of Labor in person. Check Kansas's unemployment insurance agency website for more information. And, read on to find out how you can file for unemployment insurance benefits in Kansas online or by phone.

If You Are Still Employed: You may be eligible for emergency paid sick leave or paid family leave under a new federal law, the Families First Coronavirus Act. Some states also provide paid time off that may be available to you. See Am I Entitled to Paid Sick Leave, Family Leave, or Vacation Time in Kansas to learn more about these programs. 

Kansas's unemployment insurance agency website gives you the information you need to apply for unemployment insurance in Kansas. The Kansas Department of Labor’s website tells you:

  • What information you’ll need on hand to apply for unemployment insurance benefits
  • How to apply online for unemployment insurance benefits
  • How to file for benefits if you don’t want to file online
  • How to reach an Unemployment Contact Center in your area for help
  • How to calculate the amount of unemployment insurance benefits you can receive, and
  • What to do to keep receiving unemployment insurance benefits in Kansas.

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Am I Eligible for Unemployment Benefits in Kansas?

You qualify for unemployment benefits in Kansas if you meet two basic requirements:

  • you must have earned at least a minimum amount in the time before you lost your job, and
  • you must be out of work through no fault of your own.

If you meet these two qualifications when you apply, you will likely be eligible to receive unemployment benefits. (To keep receiving benefits after you are found eligible, you will also have to meet your state’s job search requirements; to learn more, see What Do I Have to Do to Keep Receiving Unemployment Benefits in Kansas?)

Coronavirus Update: In response to the COVID-19 public health emergency, Congress passed the Coronavirus Aid, Relief, and Economic Security Act (the "CARES" Act, which we cover here), which greatly expands eligibility for unemployment. A number of states are also easing their eligibility rules to ensure that more people who are out of work due to COVID-19 qualify for unemployment benefits.

In response to the coronavirus epidemic, the Kansas Department of Labor has issued an FAQ on COVID-19 and unemployment insurance, which states that Kansas has:

  • waived the one-week waiting period that would otherwise apply if workers are unemployed due to COVID-19, and
  • waived the state's usual work search and work availability requirements for those out of work because of COVID-19, as long as applicants have taken all necessary steps to return to work with their regular employer. 

The Kansas Department of Labor has also created a dedicated webpage for COVID-19 Resources for workers and employers

 

Eligibility Requirement 1: Minimum Earnings

In every state, unemployment benefits are available only to those who are temporarily out of work. If you apply after being out of the workforce for years, for example, you won’t qualify for benefits. You must have been employed relatively recently, and earned at least a minimum amount, to be eligible.

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How Much Will I Collect in Unemployment Benefits in Kansas?

In Kansas, you can earn up to $488 per week in unemployment benefits under state law. Under the federal Coronavirus Aid, Relief, and Economic Security Act (the "CARES Act"), Congress has authorized an additional $600 in benefits per week, on top of your state benefit amount. These additional benefits, called federal pandemic unemployment compensation, expire on July 31, 2020.

Every state has its own rules for calculating unemployment benefits. Typically, the amount you receive each week is based on your earnings when you were employed. After all, unemployment benefits are intended to replace some of the income you lost along with your job, and tide you over until you find new work.

Calculating Your Benefit Amount

Your weekly unemployment benefit amount depends on your earnings during the base period.

Your weekly benefit amount in Kansas will be 4.25% of your earnings during the highest paid quarter of the base period. 

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How Long Will My Unemployment Benefits Last in Kansas?

In Kansas, the duration of benefits depends on the state's unemployment rate when you apply. The maximum period for which you can receive benefits ranges from 16 to 26 weeks

Once your Kansas benefit entitlement runs out, you will be entitled to an additional 13 weeks of benefits under the federal Pandemic Emergency Unemployment Compensation program; see below. 

Each state sets its own rules for how long unemployment benefits last. Until quite recently, virtually all states offered a maximum of 26 weeks of benefits. In the last five or six years, however, some states have changed their rules on duration of benefits (in most cases, to offer benefits for a shorter period of time).

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What Do I Have to Do to Keep Receiving Unemployment Benefits in Kansas?

In response to the coronavirus outbreak, federal and state governments are rapidly making changes to their unemployment programs, to ensure that more people who are out of work receive benefits more quickly. These changes may affect waiting periods, job search requirements, and availability of benefits to those who are still working part time. These changes include the Coronavirus Aid, Relief, and Economic Security ("CARES") Act, which greatly expands the nation's unemployment compensation program, including continuation of benefits. Keep in mind that you are entitled to an additional 13 weeks of unemployment insurance benefits under the federal CARES Act after your state benefits are exhausted if you are unemployed due to COVID-19.

Because this situation is changing daily, check the Kansas Department of Labor for the latest developments.

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Can I Appeal a Denial of Unemployment Benefits in Kansas?

If the Kansas Department of Labor denies you unemployment insurance benefits, you can appeal. After you file your initial claim for unemployment benefits, the Kansas Department of Labor will send you a written determination of your eligibility for benefits and, if it finds you eligible, how much you will receive in benefits. But, if the Kansas Department of Labor finds that you are not eligible for benefits or grants you benefits in a lower amount than you believe you are entitled to, you can appeal that decision. And, if the Kansas Department of Labor finds you eligible to receive benefits, your ex-employer can appeal that decision.

If you want to appeal the Kansas Department of Labor decision, check the Kansas Department of Labor website and handbook for:

  • Any forms and instructions for filing your appeal
  • The deadline for filing your appeal
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Do I Need a Lawyer to Get Unemployment Benefits in Kansas?

Having your own lawyer to represent you in the unemployment insurance benefits process in Kansas will level the playing field for you—because your ex-employer will be represented. Your ex-employer is almost certainly going to have a lawyer or two offering guidance through the Kansas unemployment process. This legal advice can give your ex-employer an edge over you in the process, especially if they intend to challenge your claim for benefits. Your own lawyer can:

  • Help you figure out if you are eligible for unemployment insurance benefits in Kansas
  • Tell you if your employer’s stated reason for terminating you is valid and will bar benefits
  • Guide you through Kansas’s unemployment insurance benefits claim process
  • Advise you on how to keep receiving unemployment insurance benefits, and
  • Assist you if you need to appeal a denial of unemployment insurance benefits by the Kansas Department of Labor

Check the website of the Kansas Department of Labor before you see a lawyer to get information about applying for unemployment benefits and your rights and obligations under the unemployment laws of Kansas. The website and the Kansas Department of Labor claimant handbook, Unemployment Insurance Benefits Information Guide, have answers to your questions about the filing process. To find a lawyer in Kansas, check the Kansas Bar Association lawyer referral services and the lawyer directory of Nolo.com.

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Five Ways an Unemployment Lawyer Can Help You in Kansas

If you have a straightforward unemployment claim, you will likely be able to file for unemployment benefits on your own, without any help from a lawyer. Your claim is relatively simple if you can easily meet the Kansas earnings requirements to qualify for benefits, and you and your employer agree that you lost your job through no fault of your own (for example, because you were laid off or had to quit when your military spouse was transferred to another state).

But if your case is more complicated, it might make sense to consult with or hire an unemployment lawyer to represent you. An unemployment lawyer can help you if you are facing any of the situations described below.

1. Your Employer Claims You Were Fired for Misconduct

You may be disqualified from receiving benefits if you were fired for misconduct connected with your work. In Kansas, misconduct is defined as the violation of an obligation or a duty you owe to your employer, including violation of a company rule that you knew (or should have known) about, that is reasonably related to the job, and that is consistently enforced. If you were fired for gross misconduct, such as fraud or theft, your disqualification will last longer. 

 If your employer fights your claim for unemployment on the grounds that you were fired for misconduct, you should consider talking to a lawyer.

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Paying an Unemployment Lawyer in Kansas

If you are out of work and you may be – or already have been – denied unemployment benefits in Kansas, you may be wondering whether you can afford to hire a lawyer to help with your unemployment case. It all depends on your financial situation and how (and how much) the attorney charges. In some situations, an unemployment attorney may be willing to offer you a contingency fee arrangement. This means the lawyer gets paid only if you win, out of the money you receive as a settlement or award. 

Below, we explain some typical attorney fee arrangements in unemployment cases. 

Initial Consultation

Your first step in choosing an attorney – and deciding whether it makes sense to fight your employer in an unemployment claim, appeal, or lawsuit – is an initial consultation. The initial consultation provides you and the attorney an opportunity to decide whether and how you will work together. 

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