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Unemployment
Eligibility
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.
Monetarily Eligible:
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.
Unemployed:
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.
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.
Adjudication &
Appeals
Unemployment
Insurance is designed to provide cash payments to individuals who are
out of work through no fault of their own while they seek new work. To
qualify for these benefits, an individual must meet all eligibility
requirements of Nevada law.
If there is
any question of eligibility, the circumstances are reviewed. If a
person does not meet all requirements of the law, benefits can
not legally be paid.
Nevada conducts fact-finding interviews to obtain all information
relating to a question of eligibility. The interview is conducted by a
non-partial representative called an adjudicator.
Adjudicators
review all questions of eligibility, including separation from the last
employer, as well as the next previous employer if the most recent
period of employment was less than 16 weeks. If either of these
separations was for a reason other than a lack of work, the adjudicator
determines if the reason for the separation allows for payment of
benefits.
If either
the claimant or the employer disagrees with the determination, they have
the right to appeal the decision and obtain a hearing before an
impartial appeal referee. A hearing is held to review previously
obtained information, as well as obtain additional information which may
not have been presented in the adjudication process. When this hearing
has been completed, the referee reviews the applicable law and issues a
written decision.
If either
party disagrees with the decision of an appeal referee, the party may
request that the Employment Security Board of Review examine the case.
This board is made up of members appointed by the Governor of Nevada and
is restricted to reviewing information already presented. This board
may also elect to not review the case if the referee confirmed the
original determination of the adjudicator.
Unemployment
insurance claims may also be appealed to court after administrative
processes have been completed.
Filing a Claim for Unemployment
Benefits Online
or By
Phone:
Northern Nevada:
(775) 684-0350
Southern Nevada:
(702)
486-0350
Toll-Free
(888) 890-8211
General Information
(775) 684-3909
(702) 486-6632 |
