North Dakota Unemployment Guide

On March 27, 2020, Congress passed the Coronavirus Aid, Relief, and Economic Security (CARES) Act, a $2 trillion stimulus package that pumps money into many areas of our economy that have been impacted by COVID-19, including unemployment benefits. In December of 2020, Congress passed an emergency stimulus bill that extends or renews some of these programs. Read on to learn how the CARES Act affects those who are out of work in North Dakota.

More North Dakota Workers Are Eligible for Benefits

In every state, employees qualify for benefits if they are temporarily out of work through no fault of their own. However, prior to the CARES Act, some categories of workers could not get benefits, including independent contractors (freelancers, gig workers, and the self-employed). The CARES Act authorizes the Pandemic Unemployment Assistance Program, which makes these workers eligible for unemployment for the first time during the COVID-19 public health emergency. Part-time workers are eligible for benefits under this new program, even if state law does not ordinarily allow them to collect benefits. And, workers who do not have a sufficient work history to qualify for benefits under North Dakota's usual eligibility rules might still qualify.

The Pandemic Unemployment Assistance program was set to expire on December 26, 2020. Shortly before this expiration date, Congress passed an emergency stimulus measure that extends the program until March 14, 2021. Because the President delayed signing the stimulus measure until December 27, there will be a temporary lapse in benefits under the program (because it briefly expired). 

North Dakota Workers Who Are Out of Work Due to COVID-19 Likely Qualify for Benefits

The CARES Act also relaxes eligibility rules about the reasons workers are unemployed to allow more workers to collect benefits. For example, you will be eligible for benefits under the Pandemic Unemployment Assistance Program if you are out of work for any of these reasons:

• You have been diagnosed with COVID-19 or are experiencing symptoms and seeking a diagnosis.
• A member of your household has been diagnosed with COVID-19.
• You are caring for a family or household member who has been diagnosed with COVID-19.
• You cannot work because your child or other household member for whom you are the primary caregiver is unable to attend school or another facility that has closed due to the COVID-19 public health emergency.
• You are unable to go to work because of a quarantine or because you have been advised to self-quarantine by a health-care provider.
• You were scheduled to begin a job that no longer exists or that you can’t get to for reasons relating to the COVID-19 public health emergency.
• You have become the breadwinner or major support for your household because the head of household died as a result of COVID-19.
• You have to quit your job as a direct result of COVID-19.
• Your workplace is closed as a direct result of the COVID-19 public health emergency.

Some states have expanded their traditional unemployment programs to cover coronavirus-related job losses.

You can find updates and information on COVID-19 and unemployment benefits at the home page of the Job Service North Dakota. North Dakota has also posted an FAQ on coronavirus and unemployment insurance benefits.

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1. What are coronavirus unemployment benefits?

2. How do I apply for unemployment if I am out of work due to COVID-19?

3. Can self-employed people and gig workers who have lost work due to COVID-19 collect unemployment?

4. How much will I get in unemployment benefits if I am unemployed due to COVID-19?

5. How long will my benefits last if I am unemployed because of COVID-19?

6. Can I collect unemployment if I was furloughed due to COVID-19?

7. Can I collect unemployment if I am quarantined or have symptoms of COVID-19?

8. Can I collect unemployment if I can’t work because my child’s school or care facility was closed due to COVID-19?

9. Where can I find the latest information on how North Dakota is dealing with unemployment claims relating to coronavirus?

1. What are coronavirus unemployment benefits?

The federal Coronavirus Aid, Relief, and Employment Security Act (the CARES Act) created several new unemployment programs, designed specifically to reach those who have lost work due to COVID-19 and the steps state and local governments have taken to stop the spread of the coronavirus. These programs include:

• Pandemic Unemployment Assistance (PUA), which makes benefits available to those who wouldn't qualify for traditional unemployment benefits, including the self-employed, gig workers, those who have already used up their state benefits, and those who don't meet the work history eligibility requirement in their state. Learn more about the PUA program in North Dakota, including how the Job Service North Dakota will calculate benefits, in Pandemic Unemployment Assistance: Unemployment Benefits for Contractors, Gig Workers, and Self-Employed Workers in North Dakota. 
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The Coronavirus Aid, Relief, and Economic Security (CARES) Act – the $2 trillion stimulus package Congress passed on March 27, 2020 – extends unemployment benefits to many workers who are not eligible for traditional unemployment. Although the program was originally set to end in December 2020, Congress recently extended it until March 14, 2021. Read on to learn more about the Pandemic Unemployment Assistance (PUA) program, which provides up to 50 weeks of benefits to gig workers, contractors, self-employed people, and others in North Dakota who have lost income as a result of COVID-19 and don’t otherwise qualify for unemployment.

Do You Qualify for Pandemic Unemployment Assistance?

You must meet two criteria to qualify for PUA: You must not be eligible for regular unemployment benefits, and you must have lost work as a result of the coronavirus pandemic.

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In North Dakota, you can receive unemployment benefits for a maximum of 26 weeks under state law. 

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). more...  

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.

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Making Weekly Unemployment Benefit Claims in North Dakota

Approval of your initial claim for unemployment benefits is just the beginning of the unemployment compensation process for you. You need to file weekly claims (in most states; some states require bi-weekly filings) with Job Service North Dakota to keep receiving benefit payments. The Job Service North Dakota describes the weekly claim-filing requirements in its Unemployment Insurance Claimant Guide. The North Dakota agency website also has instructions on how to file for weekly benefits.

Contacting the Job Service North Dakota

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 Job Service North Dakota in person. Check North Dakota's unemployment insurance agency website for more information. In some states, you can even contact the unemployment agency by snail mail. You can find the contact information for the Job Service North Dakota in Unemployment Insurance Claimant Guide. The handbook lists the addresses and phone numbers to reach the Job Service North Dakota if you have questions or you want to follow up on your claim for unemployment benefits.

In order to collect unemployment, you must meet two basic requirements. First, you must have earned at least a minimum amount, set by state law, in the time before you lost your job. Second, you must be out of work through no fault of your own. For more information about these requirements, see Who is Eligible for Unemployment Benefits in North Dakota?

If you lose your job in a layoff, reduction-in-force (RIF), or downsizing, you will be eligible for unemployment insurance benefits. But, these are not the only ways that employees lose their jobs. Your eligibility for benefits depends upon the reason you become unemployed. 

If You Were Fired for Misconduct

Generally-speaking, if you are terminated, you can collect unemployment insurance benefits in North Dakota. But, there is an exception to that general rule in North Dakota:

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If the Job Service North Dakota denies you unemployment insurance benefits, you can appeal. After you file your initial claim for unemployment benefits, the Job Service North Dakota 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 Job Service North Dakota 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 Job Service North Dakota finds you eligible to receive benefits, your ex-employer can appeal that decision.

If you want to appeal the Job Service North Dakota decision, check the Job Service North Dakota website and handbook for:

• Any forms and instructions for filing your appeal
• The deadline for filing your appeal
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Having your own lawyer to represent you in the unemployment insurance benefits process in North Dakota 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 North Dakota 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 North Dakota
• Tell you if your employer’s stated reason for terminating you is valid and will bar benefits
• Guide you through North Dakota’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 Job Service North Dakota

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There are several ways to find a good lawyer to help with your unemployment claim in North Dakota. The best way to find a lawyer is always through a referral from someone you know. Ask family members, friends, and other professionals you work with whether they can recommend a good employment lawyer. 

Lawyers specialize, so your friend’s divorce lawyer won’t be the right person to handle your unemployment appeal. However, lawyers also know other lawyers, so don’t hesitate to ask a well-recommended lawyer in a different field for an employment lawyer referral. 

If you can’t find a lawyer through personal referrals, here are a couple of other options: 

• Check with the North Dakota Bar Association for information about lawyer referral services in North Dakota.
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Finding an Unemployment Lawyer in Fargo, North Dakota

Do you need legal help with your claim for unemployment benefits or your appeal of a denial of benefits in Fargo, North Dakota? You’ll want to find an attorney who knows North Dakota unemployment law, understands the process for filing a claim, appeal, or lawsuit in North Dakota, and has experience in the administrative agencies and courts in North Dakota.

Here are some good ways to find the right lawyer.

Legal Aid Serving Fargo, North Dakota

If your income is low, you may be able to get legal help for your unemployment claim through your local legal aid organization.

Listing of free legal services in Fargo, North Dakota from Legal Services Corporation.

(Current income guidelines to qualify for legal aid.)

Not every legal aid office handles unemployment cases. But if your local legal aid office does not, or if your income exceeds the legal aid limit, the office may be able to refer you to a local unemployment lawyer.  

Here are a few selected websites that offer directories of employment attorneys that serve Fargo, North Dakota. Not all attorneys list on all directories, so we offer a choice here to let users access the widest possible selection of Fargo, North Dakota unemployment lawyers. 

Lawyer Referral Services in North Dakota

Check with the North Dakota Bar Association for information about lawyer referral services in Fargo, North Dakota. A lawyer referral service matches potential clients with attorneys who specialize in that area of law, such as wrongful termination or unemployment appeals. 

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If you may be (or already have been) denied unemployment benefits in North Dakota, you may be wondering whether you need a lawyer -- and whether you can afford to hire a lawyer to help with your unemployment case. (If you're wondering what a lawyer can do for you, check out Five Ways an Unemployment Lawyer Can Help You.) 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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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 North Dakota 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 will be disqualified from receiving benefits if you are fired for misconduct connected with your work. In North Dakota, examples of misconduct include violating a posted or known rule, theft, unexcused absences, destuction of property, or insubordination. A longer disqualification period applies if you were fired for gross misconduct. 

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Here at Legal Consumer, we want to help people find answers to everyday legal questions about important topics like bankruptcy, Obamacare, inheritance, and more. 

Now, we’ve turned our attention to employment law. Because, while almost everyone has (or has had) a job, it can be surprisingly tough to get good, high-quality local information about workplace rights. 

We'll be adding new topics over time, but we’ve started with unemployment benefits. If you’ve recently lost your job, unemployment benefits can be a real lifesaver. They replace some of your income, temporarily, while you look for a new job. But not everyone qualifies for benefits, and the amount and duration of benefits can vary a lot from state to state. 

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