Do I Need a Lawyer to Get Unemployment Benefits in State?
How Can I Find an Unemployment Lawyer in State?
If you may be (or already have been) denied unemployment benefits in State, you may be wondering whether you need a lawyer -- and 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.
Select your state from the list below to learn about typical attorney fee arrangements in unemployment cases.
Lisa Guerin has covered employment law topics for Legal Consumer since 2014. After getting her law degree from Berkeley Law, she worked in government, public interest, and private practice, specializing in employment law. She was a legal editor and author at Nolo for many years, where she wrote or contributed to more than a dozen books, mostly on employment issues. She volunteers with groups that help shelter and rescue dogs, and she enjoys hiking with her own Very Good Boy in the San Francisco Bay Area.
Jurisdictional relevance:
There are versions of this article for each State.
Find out how to appeal if your unemployment benefits claim is denied by the New York Department of Labor: Unemployment Division.
ADVERTISEMENT -
Unemployment FAQ
Help Topic:
Content Loading. Please wait...
Unemployment FAQ >
What Are Unemployment Benefits?
Unemployment benefits are payments to people who are temporarily out of work through no fault of their own. They are intended to partially replace your lost wages while you look for a new job.
These benefits are provided through an insurance program run jointly by the federal government and the government of each state. Each state has its own rules about who qualifies for benefits, how much you can receive, and for how long.
Taxes paid by employers in your state fund the unemployment program; employers may not deduct these taxes from employee wages. If an employer asks you to agree to have the unemployment insurance tax deducted from your wages, you can refuse. Such an agreement is not enforceable.
The extended and expanded unemployment benefits that were available through the CARES Act ended as of September 6, 2021. Some states have also changed their rules to cover those who are out of work due to COVID-19.
Unemployment FAQ >
Are Coronavirus Unemployment Benefits Available?
In response to the COVID-19 public health emergency, the federal government created several new unemployment programs, intended to make unemployment benefits more generous and extend them to more people who have lost work due to COVID-19. These programs all expired on September 6, 2021, however.
Unemployment FAQ >
Has My State Cut Off Coronavirus Unemployment Benefits?
As of September 6, 2021, coronavirus unemployment benefits have expired. This means they are not available in any state, for weeks of unemployment beginning September 6 or later. To learn more, see Coronavirus Unemployment Benefits No Longer Available.
Unemployment FAQ >
Who Qualifies for Unemployment Benefits?
Under normal circumstances, you qualify for unemployment benefits if you:
lost your job through no fault of your own
worked during the "base period" required by your state's unemployment law before you lost your job
earned enough in the base period to qualify for benefits, and
worked for an employer required to pay into your state's unemployment trust fund (most employers have to pay into the fund with only a few exceptions).
You may qualify for unemployment benefits even if you quit your last job, as long as you quit for a reason that is recognized as good cause to quit by your state's unemployment agency.
In response to the COVID-19 pandemic, many states have expanded their unemployment insurance programs to provide benefits to people affected by the outbreak. If your state has changed its rules in this way, you may be eligible for state benefits if you are out of work for reasons related to the coronavirus. The federal Pandemic Unemployment Assistance Program, which provided benefits for people who were themselves affected or whose family members were affected by COVID-19, ended as of September 6, 2021.
Each state has its own formula for determining your weekly benefit amount: how much money you will receive each week as your unemployment benefit. Typically, your weekly benefit amount is some percentage of your earnings during the entire base period or the quarter of the base period in which you were paid the most. Learn more about how much you will receive in unemployment benefits.
Unemployment FAQ >
How Long Do Benefits Last?
State law determines how long unemployment benefits last. In the past, virtually all states offered up to 26 weeks of unemployment benefits. In recent years, however, some states have shortened these entitlements.
If you are still unemployed when your state benefits run out, you may be eligible for extended benefits. These benefits are available for an extra 13 to 20 weeks (depending on your state's rules) during times of high unemployment.
Unemployment FAQ >
What Is the Base Period?
The base period is the length of time used both to determine your eligibility for unemployment benefits and to calculate the amount you will receive.
In most states, the base period is the first four of the five complete calendar quarters immediately before you filed for benefits. If your earnings aren't sufficient during this period, some states provide alternate or extended base periods that allow more people to qualify for benefits.
Unemployment FAQ >
How to Apply for Unemployment Benefits
Generally, you can apply for unemployment benefits online, by phone, or even in person (although many states have limited access to the physical offices of their unemployment agencies during the coronavirus pandemic).
To find out how to apply for benefits in your state, and for contact information and links to your state's unemployment agency, see How Do I Apply for Unemployment Benefits.
Unemployment FAQ >
Checklist: Information You'll Need to File for Unemployment
Whether you file for unemployment online, in person, or by phone, use this checklist to make sure you have all of the information and documents you'll need:
basic personal information, including your name, address, phone number, and Social Security number
information on all employers you have worked for in the last year and a half, including the company's name, address, and phone number; the start and end dates of your employment; and your earnings
the last date you worked for your previous employer
the reason why you are no longer working for your previous employer
information on payments you are receiving or expect to receive from your previous employer, such as severance pay, and
if you are not a United States Citizen, your alien registration number.
You can find out whether you'll need additional documents or information by contacting your state's unemployment agency.
Unemployment FAQ >
About this Website
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.
On this website, when you choose your state or enter your zip code, you will quickly learn:
who is eligible for unemployment benefits
how to apply for unemployment in your state
how much you can expect to receive each week
what to do if your claim for benefits is denied
and more.
We want to make it as easy as possible for you to get the information, forms, and resources you need to get the unemployment benefits you’re entitled to and move on with your job search.