Miscellaneous

Questions:

Answer:

General Questions

1. Looking For Employment
   General Questions #1:
   Looking For Employment:
   

   The best way to find employment whether part time or full time is to visit the Virginia Workforce Connection website.

   • The Virginia Workforce Connection is your doorway to employment and labor market information in Virginia. You will have access to new job search tools, a resume builder, employment information, wage data, occupational skill requirements, as well as industry and occupational trends. You will have access to jobs posted on numerous websites in one location.
   • You can download the state application from the link in the left menu. The application is available in either Adobe PDF, Word Perfect or Microsoft Word formats from this site.

    

   
   
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2. Wage, Work Hours/Breaks, Labor Disputes, Final Paychecks & Failure To Pay Overtime
   General Questions #2:
   Wage, Work Hours/Breaks, Labor Disputes, Final Paychecks & Failure To Pay Overtime:
   These are issues handled by the Virginia Department of Labor and Industry. You may send an email to laborlaw@doli.virginia.gov or visit their website address at http://www.doli.virginia.gov.
   
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3. Work Permits For Youth
   General Questions #3:
   Work Permits For Youth:
   Work permits are required for individuals 14 and 15 years of age. The student should contact their junior or high school's guidance counselor. The guidance counselors have all the information and permission forms that need to be signed by a parent or guardian. For further information concerning this matter, please go to the Virginia Department of Labor and Industry’s website at: http://www.doli.virginia.gov/
   
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4. Minimum Wage
   General Questions #4:
   Minimum Wage:
   

   The minimum wage is $7.25 per hour (as of July 24, 2009) and is applicable to employers of 4 or more employees. The Virginia state minimum wage law does not contain current dollar minimums. Instead the state adopts the Federal minimum wage rate by reference. For more information you may contact the Department of Labor and Industry at (804) 371-2327.

   
   
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5. Problems with State Job Application
   General Questions #5:
   Problems with State Job Application:
   The State Job Application is located on the DHRM website. If you are having any problems with the state Job Application, please contact their Webmaster.
   
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6. VEC Workforce Center Hours
   General Questions #6:
   VEC Workforce Center Hours:
   

   Workforce Centers are generally open weekdays 8:30 am till 4:30 pm. Our offices have the option to adjust hours of service based on local community and/or agency needs. It is suggested that you contact your nearest office to determine their specific hours of operation. Part-time offices have the specific days and hours of service noted with their listing on this page.

   
   
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General Unemployment Insurance Questions

1. What types of reemployment services are offered?
   General Unemployment Insurance Questions #1:
   What types of reemployment services are offered?:
   Reemployment services may include the following: an orientation session advising you of the availability and benefit of reemployment services; and individual assessment of your needs with which an individually tailored reemployment services plan can be developed; and job search assistance, such as counseling, testing, occupational and labor market information, job search workshops, job clubs, referrals to employers, and other similar services.
   
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2. What if I’m working but my hours have been reduced?
   General Unemployment Insurance Questions #2:
   What if I’m working but my hours have been reduced?:
   You may be eligible for partial benefits. A partially unemployed person is one who, during a calendar week, was employed by a regular employer and had earnings that were less than his weekly benefit amount and who worked less than his normal customary full-time hours because of a lack of work.
   
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3. Are partial benefits different than regular unemployment benefits?
   General Unemployment Insurance Questions #3:
   Are partial benefits different than regular unemployment benefits?:
   Yes. Your employer will be sent a notice that you have filed a claim for partial benefits and your weekly benefit amount. During any week you earn less that your weekly benefit amount because of a lack of work, your employer is required to give you a Statement of Partial Unemployment stating your wages for the week. In order to obtain your partial benefits, you must sign the form and return it to the VEC Workforce Center within 14 days of the date the employer gives it to you.
   
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4. What if my employer won't give me the Statement of Partial Unemployment?
   General Unemployment Insurance Questions #4:
   What if my employer won't give me the Statement of Partial Unemployment?:
   It is your responsibility to obtain the form from your employer. If you are a partially employed person during a week and your employer does not give you a Statement of Partial Unemployment, you must contact the VEC Workforce Center by Friday of that week.
   
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5. Are the weekly eligibility requirements different for partial claimants?
   General Unemployment Insurance Questions #5:
   Are the weekly eligibility requirements different for partial claimants?:
   Yes. You must work all available hours. You must not miss work to report on your claim. If you do not work all hours offered to you, you may be held ineligible for benefits. You must report all earnings from your regular employer and from any other employers for whom you worked during each week claimed. You must report any offers of employment.
   
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6. Am I required to actively seek work as a partial claimant?
   General Unemployment Insurance Questions #6:
   Am I required to actively seek work as a partial claimant?:
   Generally no because you are working for your regular employer. The Workforce Services Specialist will advise you of this requirement when you file your claim.
   
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7. What if I make a false statement on my claim? What if I make a mistake?
   General Unemployment Insurance Questions #7:
   What if I make a false statement on my claim? What if I make a mistake?:
   If you knowingly make a false statement or misrepresentation, or have knowingly failed to disclose a material face, to obtain or increase benefits you may be subject a fine and/or imprisonment and be prevented from receiving future benefits for 52 weeks. In addition, you will be required to repay any benefits that you were not entitled to receive. Claims are periodically reviewed to make sure benefits have been properly paid. If you make a mistake when filing your weekly claim for benefits, call or report to the VEC as soon as possible.
   
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8. How much can I earn and still receive benefits?
   General Unemployment Insurance Questions #8:
   How much can I earn and still receive benefits?:
   You must report any gross wages, not net wages, during the week they are earned, not paid. If the gross, not net, wages you earned are less then your weekly benefit amount, you may receive unemployment benefits. However, the amount of gross wages that are over $50.00 will be deducted from your weekly benefit amount. If your gross weekly wages are equal to or more than your weekly benefit amount, you will not be paid benefits for that week.
   
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9. What if I receive severance pay, vacation pay, sickness and accident benefits, or holiday pay?
   General Unemployment Insurance Questions #9:
   What if I receive severance pay, vacation pay, sickness and accident benefits, or holiday pay?:
   Severance, vacation, holiday pay, and sickness and accident benefits that you receive may be deducted from your weekly benefit amount in the same manner as actual earnings in any week in which it is payable. You will be notified if these benefits or pay affect your claim.
   
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10. What if I receive a pension, retirement, social security, etc?
    General Unemployment Insurance Questions #10:
    What if I receive a pension, retirement, social security, etc?:
    

    Your benefits may be reduced by the weekly amount of any pension, retirement pay, etc. that you receive from your most recent employer of 30 days or 240 hours or more, or from any employer in the base period of your claim. You will be asked to provide the amount and source of any pension when you file your claim. Failure to report changes in your pension, such as cost-of-living increases, when you file your weekly claim may result in an overpayment of benefits that you will be liable to repay. ** Note: Beginning with the week ending July 9, 2011 social security pension/benefits will no longer result in a reduction of unemployment insurance benefits.

    
    
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11. What if I attend school or a training program?
    General Unemployment Insurance Questions #11:
    What if I attend school or a training program?:
    Be sure you report any classes you are taking during weeks claimed. You may receive benefits while attending school, depending upon the course of study and the required attendance each week. If you desire to attend school or a training program to improve your employment possibilities, you need to request approval in advance through your VEC Workforce Center. The VEC will determine if your training will be approved and advise you on work search requirements while you are in school or a training program.
    
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12. What if there is a question on my weekly eligibility?
    General Unemployment Insurance Questions #12:
    What if there is a question on my weekly eligibility?:
    You will be notified to report or call the VEC Workforce Center for an interview. If you are held ineligible for benefits, you will receive a Notice of Deputy’s Determination explaining why. If you disagree with the determination, you must file your appeal by the date shown on the notice. Refer to the section “Appeals Process Questions and Answers” for additional information. It is very important that you continue to actively seek work and file your weekly claims on time while the appeal is pending. Failure to do so may result in a denial of benefits.
    
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13. If I receive a letter or call to report to or call the VEC Workforce Center, what should I do?
    General Unemployment Insurance Questions #13:
    If I receive a letter or call to report to or call the VEC Workforce Center, what should I do?:
    Report to or call the office when scheduled. If you do not, you may not be paid unemployment benefits for that week. If you are unable to report or call for any reason, you should call ahead of the scheduled time and explain the circumstances.
    
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14. How do I file weekly claims?
    General Unemployment Insurance Questions #14:
    How do I file weekly claims?:
    You will call the Voice Response System (VRS) after the week you wish to claim ends. The toll free number is 1-800-897-5630. Using a touch tone phone you will answer the following questions: 1.To file your weekly claim for benefits, press 2. 2.Enter your Social Security number. 3.Enter your PIN. 4.Were you able and available to work during the week? 5.Were you actively seeking work during the week? 6.Enter the number of contacts you made for work followed by the # key. 7.If you made contacts for work, you will be asked to say the names of the employers you contacted for work. 8.Did you refuse any work or any offers of work during the week? 9.Did you fail to obtain work due to a positive drug test? 10.Did you enter or discontinue school or a training 11.Did you begin receiving or change the amount of any type of pension (including disability pensions) during the week? 12.Did you receive holiday, vacation, or Workman’s Compensation during the week? 13.Did you begin receiving or change the amount of any severance pay during the week? 14.Did you do any work, including self-employment, during the week? If you answer yes to this question, you will be asked to enter the amount you earned before any deductions were made in dollars and cents followed by the # key. 15.During the week, did you return to full-time employment? If you answer yes to this question, then you will be asked to enter the date you started working. It is important that you stay on the line until the VRS tells you it is okay to hang up.
    
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15. What if I return to full-time work?
    General Unemployment Insurance Questions #15:
    What if I return to full-time work?:
    Report your return to work when you file your weekly claim for the week in which you returned to work. Report the date you returned to work and, if you have already started work, report your earnings before deductions. Be sure to advise us of your earnings, even if your employer does not pay you right away, or you may receive benefits that you will have to repay. You may be eligible for reduced benefits the first week you return to work depending on how much you earn.
    
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16. How can I get information on the status of my claim?
    General Unemployment Insurance Questions #16:
    How can I get information on the status of my claim?:
    You can obtain this information through the Voice Response System. You will need to press option “1” and enter your Social Security number and PIN.
    
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17. Are my benefits taxable?
    General Unemployment Insurance Questions #17:
    Are my benefits taxable?:
    Benefits are subject to federal income tax. At your request, we will withhold federal tax from your unemployment benefits. You will be mailed a statement, Form 1099-G, of benefits paid to you during the year. It is your responsibility to keep us informed of any changes in your address and to include unemployment benefits received on your annual tax return and pay the tax due. Benefits you received that are determined to be overpaid and are repaid may be deductible. Contact the Internal Revenue Service or your tax advisor.
    
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18. How do I repay an overpayment?
    General Unemployment Insurance Questions #18:
    How do I repay an overpayment?:
    Repayment must be made in full. If you are unable to repay the full amount in one payment, you must immediately contact the Benefit Payment Control Unit at (804) 786-8593 to arrange a repayment installment plan. Repayment of an overpayment may affect the amount of benefits on which you are required to pay taxes. Consult the Internal Revenue Service for further instructions.
    
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19. How much do I need to have earned to qualify?
    General Unemployment Insurance Questions #19:
    How much do I need to have earned to qualify?:
    

    To qualify for benefits, an individual must have earned at least a total of $2,700 in two quarters in the base period.

    
    
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20. Can I file my claim over the telephone?
    General Unemployment Insurance Questions #20:
    Can I file my claim over the telephone?:
    The VEC is establishing Customer Contact Centers through which claims and inquiries will be taken over the telephone. At present this service is available in several localities and will be available statewide in the future. To determine if your locality is included in this service, contact your VEC Workforce Center.
    
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21. Are unemployment benefits or taxes deducted from my pay?
    General Unemployment Insurance Questions #21:
    Are unemployment benefits or taxes deducted from my pay? :
    No. Benefits are paid through taxes on employers covered by the Virginia Unemployment Compensation Act. No part of the cost is deducted from your earnings.
    
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22. What information is required to file a claim for benefits?
    General Unemployment Insurance Questions #22:
    What information is required to file a claim for benefits? :
    You will be required to provide your Social Security number, address and telephone number, your most recent employer’s name, address and telephone number, the reason you are no longer employed. In some cases, you will be required to provide information concerning previous employers. You will be asked to provide certain information that is required for statistical purposes. If you file your claim through the VEC Workforce Center, you will be required to present proof of your Social Security number. If you were employed by the Federal government as a civilian during the last 18 months, you will be required to present your SF50. If you were in the military during the last 18 months, you will be required to present your DD214.
    
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23. If I file my claim and decide not to claim benefits, can my claim be cancelled?
    General Unemployment Insurance Questions #23:
    If I file my claim and decide not to claim benefits, can my claim be cancelled?:
    If you wish to cancel your claim and not claim benefits, your cancellation request must be made in writing within 30 days of the date your claim is filed. The final date for cancellation is the same as the final date of appeal on the monetary determination form.
    
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24. How are my benefits computed?
    General Unemployment Insurance Questions #24:
    How are my benefits computed?:
    In order to qualify for benefits, you must have earned enough wages in covered employment during the base period. The amount of wages you earned will determine your Weekly Benefit Amount and the maximum number of weeks (12 to 26) to which you will be entitled. You will be issued a Monetary Determination that contains your base period wage information.
    
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25. What if I believe I have been discriminated against?
    General Unemployment Insurance Questions #25:
    What if I believe I have been discriminated against?:
    The VEC is prohibited from discriminating on the ground of race, color, religion, sex, national origin, age, disability, political affiliation or belief. If you think you have been subject to discrimination, you may file a complaint within 180 days from the date the alleged violation with the VEC's Equal Opportunity Officer, P.O. Box 1358, Room 101, Richmond, VA 23218, or you may file a complaint directly with the Director, Civil Rights Center (CRC), U.S. Department of Labor, 200 Constitution Avenue, N.W., Room N-4123, Washington, D.C. 20210. If you elect to file your complaint with the VEC, you must wait until the VEC issues a decision or until 90 days have passed, whichever is sooner, before filing with the CRC. If the VEC has not provided you with a written decision within 90 days of filing the complaint, you need not wait for a decision to be issued, but may file a complaint with CRC within 30 days of the expiration of the 90-day period. If you are dissatisfied with the VEC’s resolution of your complaint, you may file a complaint with CRC. Such complaint must be filed within 30 days of the date you received notice of the VEC’s proposed resolution.
    
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26. What if I have a complaint that is not based on discrimination?
    General Unemployment Insurance Questions #26:
    What if I have a complaint that is not based on discrimination?:
    If you have a complaint about the service you receive which cannot be resolved by your service point, you may contact the Customer Service Unit, Virginia Employment Commission, P.O. 1358, Richmond, VA 23218-1358, (804) 786-4359. Hearing impaired persons may call 1-(800) 828-1120.
    
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27. What if I need a special aid or service?
    General Unemployment Insurance Questions #27:
    What if I need a special aid or service?:
    Auxiliary aids and services are available upon request to individuals with disabilities.
    
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28. What service is available to me if I am hearing impaired?
    General Unemployment Insurance Questions #28:
    What service is available to me if I am hearing impaired?:
    The Virginia Relay Center (VRC) provides telecommunications relay services to the Commonwealth of Virginia. Text telephone (TTY) or Telecommunications for the Deaf (TDD) users can access the VRC by calling 711.
    
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29. Are resumes acceptable job contacts?
    General Unemployment Insurance Questions #29:
    Are resumes acceptable job contacts?:
    Yes, if that is the employer’s requirement. You must report the name of the employer to which you submitted the resume.
    
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30. If I am a member of a union, what are my work search requirements?
    General Unemployment Insurance Questions #30:
    If I am a member of a union, what are my work search requirements?:
    If you are a member of a union that has a local hiring hall and solicits work on your behalf, you may be required to seek work only through the union hiring hall. You need to inform the Workforce Services Specialist of your union affiliation and its services when you file your claim.
    
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31. What if I don’t make job contacts during a week?
    General Unemployment Insurance Questions #31:
    What if I don’t make job contacts during a week?:
    If you do not make any or only one job contact during a week you wish to claim, you may be denied benefits for that week.
    
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32. What if I have a lengthy period of unemployment?
    General Unemployment Insurance Questions #32:
    What if I have a lengthy period of unemployment?:
    As the length of unemployment increases, you are expected to expand your methods of seeking work. You should be willing to include other occupations for which you are qualified as a result of prior training or experience.
    
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33. Is anybody going to check or verify my job contacts?
    General Unemployment Insurance Questions #33:
    Is anybody going to check or verify my job contacts?:
    Yes. All job contacts are subject to verification. You are required to maintain a record of your work search that includes the date of contact, complete name, address and telephone number of the employer/company contacted, name of the individual with whom you spoke, type of work sought, and result of contact. The VEC conducts a quality assurance program that verifies job contacts and wages with employers. If your information concerning any job contact is false, you can be disqualified from receiving benefits for one year and thereafter if the falsely claimed benefits are not repaid in full.
    
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34. What if the VEC Workforce Center refers me to a job?
    General Unemployment Insurance Questions #34:
    What if the VEC Workforce Center refers me to a job?:
    If you are referred to a job by the VEC Workforce Center, you must visit the employer to which you are referred. You may count the referral as one of your required job contacts for the week if you visit the employer to which you were referred.
    
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35. What happens if I refuse a job offer or a VEC referral?
    General Unemployment Insurance Questions #35:
    What happens if I refuse a job offer or a VEC referral?:
    If you refuse a job offer you will be contacted by the VEC to provide additional information. A Deputy will then determine if the work offered was suitable, or if you had good cause for refusing it. If the job was suitable and you did not have good cause for refusing it, you may be disqualified from receiving future benefits. If you fail, without good cause, to apply for suitable work when referred by the VEC or accept suitable work when offered, you may be disqualified starting with the first day of the week in which such refusal occurred. The Deputy decides whether a job offer or referral is for suitable work.
    
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36. If I qualify monetarily, is there anything that will prevent me from drawing the benefits?
    General Unemployment Insurance Questions #36:
    If I qualify monetarily, is there anything that will prevent me from drawing the benefits?:
    Yes. In addition to qualifying monetarily, you must also qualify based on your separation. If you are unemployed for any reason other than lack of work, it will be necessary to gather facts concerning your separation from employment and make a decision as to whether or not it qualifies you to receive benefits. If the decision is in your favor, you must also meet weekly eligibility requirements before you can receive benefits. For further information on weekly eligibility, see the “Weekly Eligibility Questions and Answers.”
    
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37. If I relocate to follow my spouse, is that a qualifying separation?
    General Unemployment Insurance Questions #37:
    If I relocate to follow my spouse, is that a qualifying separation?:
    Virginia law specifies that any individual who voluntarily leaves his/her employment to accompany or join a spouse in a new locality be disqualified for benefits. In enacting this provision, the General Assembly determined employers should not be liable for unemployment insurance benefits to former employees in this type of situation. As there is no intent in the provision to address the merits of a relocation to follow a spouse in applying the disqualification provision, the law makes no distinction between military reassignment, corporate transfers, or any other circumstances that motivate such a move.
    
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38. Can I receive unemployment benefits if I am out of work under the Family Medical Leave Act?
    General Unemployment Insurance Questions #38:
    Can I receive unemployment benefits if I am out of work under the Family Medical Leave Act?:
    There is no provision in the current unemployment law allowing payment of benefits under the circumstance you describe. The General Assembly must pass a bill that is signed into law by the governor that would allow the payment of benefits under this condition.
    
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39. How are these facts about my separation obtained?
    General Unemployment Insurance Questions #39:
    How are these facts about my separation obtained?:
    You give the reason for your separation when you file your claim. This information along with a questionnaire is sent to your former employer for completion. If your separation is other than a lack of work, it will be necessary for a Deputy (sometimes referred to as a Hearing Officer) to talk with you either in person or by telephone about your separation from work. Your employer may request to participate in the interview, or he may provide additional information in writing or by telephone. You have the right to review and comment on any information provided by your employer. The Deputy will make a decision whether you are or are not eligible to receive benefits. This decision will be contained in a “Notice of Deputy’s Determination” which will be sent to you and your employer.
    
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40. Why would I be ineligible to receive benefits because of my separation from employment?
    General Unemployment Insurance Questions #40:
    Why would I be ineligible to receive benefits because of my separation from employment?:
    You will be ineligible, or disqualified, to receive benefits based on your separation if the Deputy finds that you quit your job without good cause, or that you were fired from your job for misconduct in connection with your work.
    
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41. What if I don’t have sufficient wages in my base period to qualify monetarily?
    General Unemployment Insurance Questions #41:
    What if I don’t have sufficient wages in my base period to qualify monetarily?:
    You may qualify under the alternate base period. Effective July 6, 2003, claimants not qualifying for benefits under the standard base period may do so under an alternate base period of the last four completed quarters. Claimants who did not earn sufficient wages during the first four of the last five completed calendar quarters may have earned the necessary amount during the alternate period. The minimum qualifying amount is the same for both periods. Claimants do not get to choose which base period they wish to use. The alternate is used only if you cannot qualify with the standard base period.
    
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42. How much in benefits do I get and for how long?
    General Unemployment Insurance Questions #42:
    How much in benefits do I get and for how long?:
    

    Your monetary determination will show the Amount and Duration of Benefits you are entitled to based on your base period wages. Your Weekly Benefit Amount is determined by the two quarters with the highest earnings during the base period. Total wages reported during the base period determine your maximum benefit amount. Once your claim is established and reflects all earnings during your base period, the amount you qualify for remains the same for one year and is available to you until your maximum benefit amount or your benefit year is exhausted, whichever comes first.

    Currently the maximum weekly benefit amount is $378 and the minimum is $54. Individuals must have earned at least $18,900.01 in two quarters during the base period to qualify for the maximum weekly benefit amount. Benefit duration varies from 12 to 26 weeks, also depending on wages earned in the base period.

    
    
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43. What if my wages are correct but insufficient to qualify under the alternate base period?
    General Unemployment Insurance Questions #43:
    What if my wages are correct but insufficient to qualify under the alternate base period?:
    If you worked only during the last six months or so, you may qualify monetarily after the quarter changes and should file another claim next April, July, October, or January as appropriate, if you are still unemployed.
    
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44. What if my base period wages are incorrect?
    General Unemployment Insurance Questions #44:
    What if my base period wages are incorrect?:
    This may occur because an employer for whom you worked during the base period is omitted, some base period wages were omitted, or the wage amount is incorrect. It may also occur an employer for whom you did not work is listed. You must request a redetermination through your VEC Workforce Center. If an employer or wages were omitted or incorrect, you must provide the name and address of the employer involved and some evidence of your earnings, such as W-2 or pay check stubs. Once your new wages have been validated, your weekly benefit amount will be adjusted to reflect the correct wages and you will be mailed a check to cover any amount due you for the weeks of benefits already paid.
    
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45. May I use wages earned in other states to establish a claim?
    General Unemployment Insurance Questions #45:
    May I use wages earned in other states to establish a claim?:
    Yes. Wages earned in other states can be used to establish a claim in one of two ways: 1. You file a claim against the other state if you have earned enough wages in that state to qualify for benefits. This is called an Interstate Claim; or, 2. You request that the wages earned in other states be transferred to Virginia and “combined” with your Virginia wages to qualify for benefits. Be sure to tell the Workforce Services Specialist if you worked in another state. Only those out-of-state wages that have not been used on a prior claim will transfer to Virginia. Wages earned overseas also may be used if you worked for a U.S. company. The state where the company is headquartered is the state to which the wages are reported.
    
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46. What if I’m working part-time? Am I still required to actively seek work?
    General Unemployment Insurance Questions #46:
    What if I’m working part-time? Am I still required to actively seek work?:
    Yes. If you are working part-time and earn less than your weekly benefit amount, you are required to actively seek work and report your job contacts when filing your weekly claim for benefits. If you earn more than your weekly benefit amount, you are considered employed for unemployment insurance purposes and do not have to seek work with employers.
    
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47. What about newspaper ads?
    General Unemployment Insurance Questions #47:
    What about newspaper ads?:
    

    Checking newspaper want ads is not acceptable job contacts. Additionally, because the Virginia Unemployment Compensation Act requires that you provide the name of the employers you contact for work, blind ads are not accepted.

    
    
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48. How do I file for unemployment (UI) benefits?
    General Unemployment Insurance Questions #48:
    How do I file for unemployment (UI) benefits?:
    

    A claim may be filed online by going to "I am Unemployed" then click on "Unemployed: File a Claim Online", by telephone at 1-866-832-2363, or by completing a paper application at the Virginia Employment Commission (VEC) Workforce Center nearest you.

    Due to the current high call volume coming into the VEC Customer Contact Centers, filing online may save you considerable time and effort.

    
    
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49. Can a claimant or staff person apply for unemployment compensation benefits prior to becoming unemployed?
    General Unemployment Insurance Questions #49:
    Can a claimant or staff person apply for unemployment compensation benefits prior to becoming unemployed? :
    The reply from the Chief of Benefits is in line with the guidance provided in the May 1, 2003 publication of Regulations and General Rules Affecting Unemployment Compensation, Statutory Authority: Section 60.111 of the Code of Virginia, page 37: To file a claim for benefits, a claimant shall report in a manner prescribed by the commission, and shall file a claim for benefits setting forth (i) his unemployment and that he claims benefits, (ii) that he is able to work and is available for work, and (iii) such other information as is required. A claim for benefits, when filed, may also constitute the individual's registration for work. Under section 60.2-100 of the latest edition of the Unemployment Compensation Act- Case Notes (page 6): The primary purpose of the Act is to provide temporary financial assistance to workmen who become unemployed through no fault of their own. Under section 60.2-612 - Benefit eligibility conditions: An unemployed individual shall be eligible to receive benefits for any week only if the Commission finds that: 1-11 eligibility criteria are met. Having noted these, if anyone choses to file for unemployment compensation the system will accept the claim, however, claims will be adjudicated and eligibility determined on a case by case basis, according to the Act, regulations and administrative practice.
    
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50. Does Virginia require a non-payable first week?
    General Unemployment Insurance Questions #50:
    Does Virginia require a non-payable first week?:
    Yes. The first week you meet all eligibility requirements is called a “Waiting Period” and you are not paid benefits for that week. The non-payment of this week does not reduce your maximum benefit amount.
    
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51. Generally, what do I have to do to meet the weekly eligibility requirements?
    General Unemployment Insurance Questions #51:
    Generally, what do I have to do to meet the weekly eligibility requirements?:
    Each week you claim benefits, you must be able to perform work, be available for work while placing no undue restrictions on your availability, and be actively seeking work. In addition, you must accept all offers of suitable work, be registered for work with a VEC Workforce Center, accept any VEC referrals to work, report to the VEC when directed to do so, and report your income from any source.
    
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52. What if I live outside the state of Virginia? Am I required to come to Virginia to register with the VEC?
    General Unemployment Insurance Questions #52:
    What if I live outside the state of Virginia? Am I required to come to Virginia to register with the VEC?:
    No. You are required to register for job services with a Workforce Center that is convenient to you. You are required to actively seek work each week that you claim benefits. You must accept all offers of suitable work and report your income from any source. You must accept any referrals to suitable work from your local Workforce Center.
    
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53. New Hire Reporting
    General Unemployment Insurance Questions #53:
    New Hire Reporting:
    This is done through the Department of Social Services.
    The new hire address to report to:
    New Hire Reporting Center:
    P.O. Box 25309
    Richmond, VA 23260-5309
    
    Information line: 1-804-771-9733
    Information toll free line: 1-800-979-9014
    Fax line: 1-804-771-9709
    Toll free fax line: 1-800-688-2680
    Web site: http://www.va-newhire.com
    Employers can call the information line to get a packet of information sent out to them.
    
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54. Required Employer Posters
    General Unemployment Insurance Questions #54:
    Required Employer Posters:
    

    The list of posters is available on this website on the Forms / Publications page under the Employer tab.

    
    
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55. What if I fail to repay the overpayment?
    General Unemployment Insurance Questions #55:
    What if I fail to repay the overpayment?:
    If the overpayment is not repaid in full before you claim future benefits, a deduction (offset) will be made from these benefits. The VEC will also use other methods to collect the money owed, including collection agencies, credit bureaus, wage garnishment, attachment of bank accounts, seizing of income tax refunds, and levy and sale of personal property. The costs of collection, including administrative costs, attorney’s fees, late penalty, and interest can be charged to you.
    
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Internet Filing Questions

1. Who can file on-line?
   Internet Filing Questions #1:
   Who can file on-line?:
   You CANNOT file on-line if you live in Virginia but do not have Virginia wages in the base period. You need to file an Interstate claim with a state that you did have wages.
   
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2. Is there any difference between filing a claim on-line or filing a claim in the VEC Workforce Center?
   Internet Filing Questions #2:
   Is there any difference between filing a claim on-line or filing a claim in the VEC Workforce Center?:
   The questions asked on-line and in the VEC Workforce Center concerning your claim are identical. The information provided on-line and in the Workforce Center is the same. When visiting the Workforce Center you are given the opportunity to ask questions.
   
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3. How much time do I have to complete the on-line claim?
   Internet Filing Questions #3:
   How much time do I have to complete the on-line claim?:
   You have 7 calendar days to complete the claim once the process has begun. If 7 days have passed, any information you have entered will be erased and you must begin the process anew.
   
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4. The Internet claim filing system does not have my job title. What should I do?
   Internet Filing Questions #4:
   The Internet claim filing system does not have my job title. What should I do?:
   Search for a job title that most closely represents your job title. You will be mailed a job seeker registration form that will allow you to provide detailed information about your job title and duties and the positions you are seeking. Your job title does not affect your unemployment benefits.
   
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5. What if I entered incorrect information concerning my claim?
   Internet Filing Questions #5:
   What if I entered incorrect information concerning my claim?:
   You should contact the VEC Workforce Center you selected when entering your claim and advise the Workforce Specialist of the correct information.
   
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Unemployment Insurance Issue Questions

1. What happens if I am not available to work?
   Unemployment Insurance Issue Questions #1:
   What happens if I am not available to work?:
   The Unemployment Compensation Act requires all claimants to be Able and available to work in order to be eligible for benefits. In the case that you are not able to work, you must contact us and explain why you are not able to work. This will then be submitted to a hearing officer to determine if you are eligible for benefits for that week. In the case you are unable to work due to illness or injury, we will require a doctor’s note before deeming you’re able and available to work.
   
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2. What happens if I refuse a job?
   Unemployment Insurance Issue Questions #2:
   What happens if I refuse a job?:
   The Unemployment Compensation act does not allow claimants receiving unemployment benefits to refuse jobs without good reason. You must contact us and let us know what reason you have for refusing the job. Refusing a job does not mean automatic ineligibility for benefits. A hearing officer will have to make a decision to see if you’re eligible for benefits after refusing a job.
   
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3. What if I quit my job?
   Unemployment Insurance Issue Questions #3:
   What if I quit my job?:
   Voluntary quits and resignations are a separation issue. As a result you must have a Fact Finding Interview with a hearing officer to determine if you are qualified to receive benefits. You will receive notice of a date and time that the hearing officer will contact you. In the case of a voluntary quit/resignation the burden of proof is on the claimant to show that you left the employer for good reason.
   
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4. What if I was fired from my job?
   Unemployment Insurance Issue Questions #4:
   What if I was fired from my job?:
   Fired and discharged are separation issues. As a result you must have a Fact Finding Interview with a hearing officer to determine if you are qualified to receive benefits. You will receive notice of a date and time that the hearing officer will contact you. In the case of a discharge/fired, the burden of proof is on the employer to show that you have been released due to misconduct.
   
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5. What happens if my employer is giving me severance?
   Unemployment Insurance Issue Questions #5:
   What happens if my employer is giving me severance?:
   In the case you are receiving severance you will not receive any benefits until we are able to contact the employer about the severance. Severance can potentially block unemployment benefits for a certain amount of time. The amount of time depends on the amount of severance being received and your average weekly wage. The VEC will contact the employer to obtain this information.
   
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6. What happens if I go out of town for a few days while on unemployment?
   Unemployment Insurance Issue Questions #6:
   What happens if I go out of town for a few days while on unemployment?:
   If you leave town, you can potentially still be looking for a job. If you are not traveling far (within the state) and are able to return and accept a job if one was offered, you are potentially still able and available. You can also still search for work while out of town. Many people search for jobs in other states with the idea of possibly relocating. Contact your local office for more detail on whether not your trip out of town will possibly affect your unemployment benefits.
   
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7. Can I go to school or take training courses and still receive unemployment?
   Unemployment Insurance Issue Questions #7:
   Can I go to school or take training courses and still receive unemployment?:
   If you are attending training or going to school you can still receive unemployment benefits. If your training or schooling takes place at evening hours only or only on weekends, than this does not affect your ability to receive a daytime job. As a result this may not be an issue. Contact your Local VEC office to determine if your training or schooling would be a problem.
   
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8. What if I’m receiving a pension?
   Unemployment Insurance Issue Questions #8:
   What if I’m receiving a pension?:
   

   Only pensions that you began to receive in the base period affect your unemployment benefits. If the pension you are receiving began before the base period, than it will not affect your claim. If it was in the base period, then it can potentially block your unemployment benefits. Contact your local office to determine if your pension will affect your benefits.

   
   
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9. What happens if I had only one or no job contacts during the week?
   Unemployment Insurance Issue Questions #9:
   What happens if I had only one or no job contacts during the week?:
   1 job contact is not considered an adequate work search. As a result you would potentially be denied for benefits for this week. Contact your local office and explain why you were only able to make one job contact. They will then give your statement to a hearing officer to make a decision on whether you will be eligible for benefits for that week or not.
   
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10. What new benefits are provided in the Act?
    Unemployment Insurance Issue Questions #10:
    What new benefits are provided in the Act?:
    

    The Act provides up to 33 weeks of temporary emergency unemployment compensation benefits.

    
    
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Voice Response System Questions

1. What does it means when the Voice Response Systems says I have an issue on my claim?
   Voice Response System Questions #1:
   What does it means when the Voice Response Systems says I have an issue on my claim?:
   Benefits cannot be paid if there is a claim issue. The issue may be because of your reason for separation from an employer, or because there is a question concerning your weekly eligibility. You should call your VEC Workforce Center to obtain more detail and provide information that relates the issue.
   
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2. What is the Voice Response System (VRS)?
   Voice Response System Questions #2:
   What is the Voice Response System (VRS)?:
   The VRS is an automated system that asks questions and allows you to enter the responses to the questions. The VRS is used to file your weekly claims. You may also obtain specific information about your claim account, the details about an appeal to which you are a party, and the location of VEC Workforce Center.
   
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3. How often do I need to call the VRS?
   Voice Response System Questions #3:
   How often do I need to call the VRS?:
   The claim week begins at 12:01 AM on Sunday and ends at midnight on Saturday. It is strongly recommended that you call soon after the claim week ends to file your claim for that week. If you have questions concerning your claim, you may call during any hours that the system is available.
   
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4. When is the VRS available?
   Voice Response System Questions #4:
   When is the VRS available?:
   Sunday 9 AM – 12 Midnight Monday 4:30 AM – 7:30 PM Tuesday 7:30 AM – 7:30 PM Wednesday 7:30 AM – 5:30 PM Thursday 7:30 AM – 7:30 PM Friday 7:30 AM – 5:30 PM Saturday 9:30 AM – 4:30 PM Holidays 9:30 AM – 4:30 PM
   
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5. What is the VRS telephone number?
   Voice Response System Questions #5:
   What is the VRS telephone number?:
   1-800-897-5630
   
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6. If the number is busy, what should I do?
   Voice Response System Questions #6:
   If the number is busy, what should I do?:
   The busiest times for the VRS are Sunday and Monday as most claimants call to file their weekly claims on those days. You may continue calling until you reach the VRS or you may wait until Tuesday or another day during the week when the VRS is less busy.
   
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7. What does it mean when the VRS says that I do not have an available week?
   Voice Response System Questions #7:
   What does it mean when the VRS says that I do not have an available week?:
   It means that you do not have a week for which you can claim benefits. You will need to contact your VEC Workforce Center to resolve the problem or reopen your claim.
   
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8. Should I continue to call the VRS to file my weekly claims if I have a fact-finding interview or appeals hearing?
   Voice Response System Questions #8:
   Should I continue to call the VRS to file my weekly claims if I have a fact-finding interview or appeals hearing?:
   Yes. If benefits are awarded following the interview or hearing, all weeks claimed will be paid if weekly eligibility requirements have been met. If you do not claim weekly benefits pending the outcome of the interview or hearing, you may lose entitlement to the unclaimed weeks.
   
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Appeals

1. What if I disagree with the Deputy’s decision?
   Appeals #1:
   What if I disagree with the Deputy’s decision?:
   If you disagree with the Deputy’s decision (also called a determination), you may appeal it. Your former employer also has the right to appeal if it disagrees. For additional information on the appeals process, refer to the “Appeals Process Questions and Answers.” If you decide to appeal the decision, it is very important that you continue to look for work, report your work search contacts when you file your weekly claim for benefits, and file your weekly claims on time. If you do not file your weekly claims for benefits while an appeal is pending, you may be ineligible for benefits for the unclaimed weeks.
   
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2. If I disagree with the decision of a Deputy or "Notice of Deputy's Determination," how do I file an appeal?
   Appeals #2:
   If I disagree with the decision of a Deputy or "Notice of Deputy's Determination," how do I file an appeal?:
   You may file your appeal in person at your VEC Workforce Center, or by mail to the Virginia Employment Commission, Office of First Level Appeals, P.O. Box 1358, Richmond, VA 23218-1358. The appeal may also be filed by fax to (804) 786-8492 and by the Internet at www.VaEmploy.com. Be sure to include your Social Security number. You must be sure your appeal is received in the office or postmarked no later than the final date for appeal. Any change of address must be reported to the VEC immediately. Remember, while your appeal is pending, you must continue to search for work and file your weekly claims in a timely manner. If you are determined eligible, you may be paid benefits for the period your claim was on appeal, as long as all eligibility requirements have been satisfied during each week claimed.
   
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3. What happens at an appeal hearing.
   Appeals #3:
   What happens at an appeal hearing.:
   You and your former employer, if appropriate, will have the opportunity to participate in the hearing, give testimony under oath, and present witnesses and documents to support your case. You may be represented by an attorney or someone else authorized to act on your behalf. Any such arrangements for representation are your responsibility. You and your representative have the right to question any witness testifying against you and to examine any documents used against you. The Appeals Examiner will issue a written decision to all affected parties. If you fail to attend a hearing or miss a filing deadline because you failed to notify the VEC of an address change, the hearing will not be rescheduled, nor will the filing deadline be extended. Notice to the U.S. Postal Service of an address change does not constitute notice to the Commission.
   
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4. What if I disagree with the decision of the Appeals Examiner?
   Appeals #4:
   What if I disagree with the decision of the Appeals Examiner?:
   You may file a Commission Appeal. You must file the appeal within the period of time specified on the Appeals Examiner’s decision. Upon receiving an appeal, the Commission will mail you a Notice of Appeal. Unless you request a hearing within 14 days from the date the Notice of Appeal was mailed, the decision of the Commission will normally be based upon the information obtained in the Appeals Examiner’s hearing. If you request a hearing, no new testimony or evidence will be taken unless you can show good cause for not presenting it before the Appeals Examiner. Generally, a Commission hearing is for oral argument only.
   
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5. What if I disagree with the decision of the Special Examiner?
   Appeals #5:
   What if I disagree with the decision of the Special Examiner?:
   To appeal this decision, you must file a petition for judicial review with the Circuit Court of the county or city in which you were last employed in Virginia. Your petition to the Circuit Court must be filed within the time period specified on the Commission decision.
   
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6. What if I have a question concerning my appeal or the appeals process?
   Appeals #6:
   What if I have a question concerning my appeal or the appeals process?:
   If you are uncertain about the appeals procedure, contact the VEC where you filed your claim or telephone the Clerk of the Commission at the following numbers: for First Level Appeals, call (804) 786-3020; for Commission Appeals, call (804) 786-4140.
   
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Glossary

1. Actively seeking work
   Glossary #1:
   Actively seeking work:
   

   “Actively seeking work” means that you personally visit several employers each week in your efforts to find work. You are required to provide the VEC, when requested, with information about each employer or company you visit while seeking work. These visits are called job contacts.

   
   
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2. Base Period
   Glossary #2:
   Base Period:
   

   The base period is the first four of the last five completed calendar quarters prior to the effective date of your claim. If your claim is filed in January, February, or March 2009, your base period is October 2007 through September 2008. If your claim is filed in April, May, or June 2009, your base period is January 2008 through December 2008. If your claim is filed in July, August, or September 2009, your base period is April 2008 through March 2009. If your claim is filed in October, November, or December 2009, your base period is July 2008 through June 2009. The wages earned in the base period determine your monetary entitlement. Click here to determine your base period.

   
   
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3. PIN
   Glossary #3:
   PIN:
   

   It is your personal identification number. You must use it each time you claim your weekly benefits through the VRS. You will be asked to provide the last four digits if you make a telephone inquiry about your claim. Your PIN will be sent to you in a separate mailing after your file your claim. It is very important that you keep the number confidential and do not share it.

   
   
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4. Double dip claim
   Glossary #4:
   Double dip claim:
   

   If you drew benefits in a prior benefit year and have not worked as many as 30 days or 240 hours for one employer since the beginning of that year, you may monetarily qualify for a new benefit year, but you will not be eligible to draw those benefits until you have 30 days or 240 hours of employment and are subsequently unemployed.

   
   
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5. Eligibility Review Program
   Glossary #5:
   Eligibility Review Program:
   

   This program helps us offer you assistance in searching for work and enables us to make sure you are still meeting the eligibility requirements. When you receive an Eligibility Review Questionnaire, it is important that you complete the form and the Record of Contacts for Employment and report as scheduled to the VEC Workforce Center. Failure to do so may result in the delay of denial of your benefits.

   
   
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6. Quality Control Program
   Glossary #6:
   Quality Control Program:
   

   This program is designed to detect and correct both error and fraud in the unemployment insurance program. It is a review of the records of a sample group of claimants, selected at random, to test the accuracy of the payments they received. You will be notified to report to the VEC Workforce Center if your claim is selected for review. Failure to report may result in the delay or denial of your benefits.

   
   
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7. Overpayment
   Glossary #7:
   Overpayment:
   

   An overpayment means unemployment insurance benefits paid to and received by you to which you were not entitled. This includes amounts paid while an appeal by your former employer is pending prior to a decision being rendered against you, and amounts paid because you did not notify the VEC of information which would have reduced or eliminated your benefit entitlement. You also are required to repay any benefits that are paid to you in error.

   
   
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8. Acquisition
   Glossary #8:
   Acquisition:
   The transaction by which an individual or organization obtains the organization, trade, business, or assets of another individual or organization and, thereby, becomes subject to the Virginia Unemployment Compensation Act. §60.2-210
   
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9. Agricultural Labor
   Glossary #9:
   Agricultural Labor:
   Any services performed on a farm or in farm-related work in the handling, planting, drying, packing, packaging, processing, freezing, grading, storing, or delivering to storage or to market of any agricultural or horticultural commodity. §60.2-201
   
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10. Audit
    Glossary #10:
    Audit:
    A formal, official examination and verification of the records of an employer.
    
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11. Benefit Year
    Glossary #11:
    Benefit Year:
    The fifty-two-week period beginning with the first day of the week in which an individual files a new claim. §60.2-206
    
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12. Calendar Quarter
    Glossary #12:
    Calendar Quarter:
    The period of three consecutive calendar months ending on March 31st, June 30th, September 30th, or December 31st.
    
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13. Claimant
    Glossary #13:
    Claimant:
    An unemployed individual who files a claim for unemployment compensation.
    
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14. Corporation
    Glossary #14:
    Corporation:
    An entity formed and authorized by law to operate and conduct business in the same manner as an individual.
    
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15. Delinquent Employer
    Glossary #15:
    Delinquent Employer:
    An employer who has failed to submit required quarterly tax reports, payments, interest, and/or penalties by the due dates. §60.2-513, §60.2-538
    
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16. Duration of Benefits
    Glossary #16:
    Duration of Benefits:
    The number of total weeks of benefits a claimant may potentially draw during a benefit year. §60.2-602, §60.2-607
    
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17. Employer
    Glossary #17:
    Employer:
    An employing unit that meets the liability requirements under the law and is required to pay unemployment insurance taxes. §60.2-210
    
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18. Employing Unit
    Glossary #18:
    Employing Unit:
    Any individual, organization, or governmental entity that has one or more individuals performing services for it within the state. §60.2-211
    
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19. Employment
    Glossary #19:
    Employment:
    Any service performed by an individual for remuneration under any written or oral contract of hire with an employing unit. §60.2-212 (For references on exemptions to "employment," see Section §60.2-219.)
    
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20. Experience Rating
    Glossary #20:
    Experience Rating:
    A system used to establish employer tax rates based on past employment and unemployment experience. §60.2-530, §60.2-531
    
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21. Federal Employer Identification Number (FEIN)
    Glossary #21:
    Federal Employer Identification Number (FEIN):
    The registration number assigned by the Internal Revenue Service to an employer.
    
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22. FUTA (Federal Unemployment Tax Act)
    Glossary #22:
    FUTA (Federal Unemployment Tax Act):
    The tax imposed by the federal government on employers with respect to having individuals in their employ. §60.2-218
    
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23. Inactive Account
    Glossary #23:
    Inactive Account:
    Status assigned to an employer’s account when it has been found that the employer no longer has employees and, therefore, no payroll report or taxes to submit.
    
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24. Insolvent
    Glossary #24:
    Insolvent:
    The condition of a legal entity that is unable to pay its debts.
    
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25. Insured Employment
    Glossary #25:
    Insured Employment:
    Term used to describe employment covered by the Unemployment Compensation Act of Virginia or any other state.
    
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26. Interest
    Glossary #26:
    Interest:
    Monetary charge, which is computed and added to the amount of taxes, owed and remaining unpaid after the date such taxes were due. §60.2-519
    
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27. Last Thirty-Day Employer
    Glossary #27:
    Last Thirty-Day Employer:
    The most recent employer for whom a claimant performed services for any part of a day for thirty days, whether or not such days were consecutive, or a total of 240 hours.
    
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28. Liability Date
    Glossary #28:
    Liability Date:
    The date that an employer meets the statutory criteria for liability coverage with the Virginia Employment Commission.
    
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29. Maximum Benefit Amount
    Glossary #29:
    Maximum Benefit Amount:
    The total amount of benefits that an individual may receive during his benefit year. (This amount is determined by multiplying his weekly benefit amount and the number of weeks of benefits for which he may qualify.) §60.2-607
    
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30. Tax Report
    Glossary #30:
    Tax Report:
    The portion of the Employer’s Quarterly Report (Forms VEC FC-20/21) that states the total wages paid, the amount of taxable wages, and taxes due by the employer for the quarter covered by this report.§60.2-512
    
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31. Unemployment
    Glossary #31:
    Unemployment:
    An individual is totally "unemployed" during any week in which he performs no services and with respect to which no wages are payable to him; he is partially “unemployed” if he works less than his full-time hours and receives less wages than his weekly benefit amount. §60.2-226
    
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32. Waiting Week
    Glossary #32:
    Waiting Week:
    The first week of eligibility in a claim year is a waiting week and is not paid. Only one waiting period week is served in a benefit claim year. §60.2-612.9
    
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33. Week
    Glossary #33:
    Week:
    Seven consecutive days beginning on Sunday and ending the following Saturday at midnight. §60.2-230
    
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34. Weekly Benefit Amount (WBA)
    Glossary #34:
    Weekly Benefit Amount (WBA):
    The weekly benefits payable to a totally unemployed individual. The amount is based on prior earnings. §60.2-602
    
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35. Suitable work
    Glossary #35:
    Suitable work:
    

    Many factors are taken into consideration in determining whether work is suitable. These factors include your previous work experience, your physical and mental fitness, risk to your health, safety, or morals, and the distance from your home. You must report all job offers that you decline when you file your weekly claim for benefits.

    
    
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36. Reemployment Assistance
    Glossary #36:
    Reemployment Assistance:
    

    Your claim will be reviewed to determine if you may need special reemployment assistance to make a successful transition to new employment. If you meet the federally mandated criteria, you will be referred to this assistance. If you are referred, you will be required to attend as a condition of eligibility to receive weekly benefits. If you refuse to or do not attend without justifiable cause, you may be denied benefits.

    
    
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37. Extended Benefits (EB)
    Glossary #37:
    Extended Benefits (EB):
    

    Unemployment benefits paid to a claimant after regular benefits have been exhausted, during periods of prescribed high national or state unemployment levels. §60.2-610, §60.2-611

    
    
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Emergency Unemployment Compensation (EUC)

1. Who is potentially eligible to receive the new EUC benefits?
   Emergency Unemployment Compensation (EUC) #1:
   Who is potentially eligible to receive the new EUC benefits?:
   

   Emergency Unemployment Compensation (EUC) is payable to individuals who (1) have exhausted all rights to regular compensation with respect to a benefit year that ended on or after May 1, 2007; and (2) have no rights to regular unemployment compensation (UI) or extended benefits (EB); and (3) are not receiving compensation under the unemployment compensation law of Canada. EUC benefits will not apply to benefit years that ended before May 1, 2007.

   
   
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2. What will be the amount of the EUC benefits for each claimant?
   Emergency Unemployment Compensation (EUC) #2:
   What will be the amount of the EUC benefits for each claimant?:
   

   The Act entitles eligible claimants to receive a total amount of EUC Tier I benefits equal to 80% of their regular compensation weekly benefits. Claimants will be paid a weekly amount equal to their regular Unemployment Compensation weekly benefit until the total is exhausted.

   
   
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3. How will we determine eligibility for the EUC benefits?
   Emergency Unemployment Compensation (EUC) #3:
   How will we determine eligibility for the EUC benefits?:
   We will determine continuing eligibility for EUC benefits in the same way we determine eligibility for regular UI benefits.
   
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4. When will claimants receive the EUC benefits?
   Emergency Unemployment Compensation (EUC) #4:
   When will claimants receive the EUC benefits?:
   

   Once an individual exhausts the balance, in their regular Unemployment Compensation claim.

   
   
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5. What is the first week claimants may qualify for EUC benefits?
   Emergency Unemployment Compensation (EUC) #5:
   What is the first week claimants may qualify for EUC benefits?:
   The first qualifying week for EUC benefits is the week ending July 12, 2008.
   
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6. Will the claimant need to file a claim for the EUC benefits?
   Emergency Unemployment Compensation (EUC) #6:
   Will the claimant need to file a claim for the EUC benefits?:
   

   Yes. All claimants will have to complete a EUC application. We will automatically mail the EUC application to the claimants for return and processing in the VEC central office.

   
   
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7. Will employers be taxed for the EUC benefits?
   Emergency Unemployment Compensation (EUC) #7:
   Will employers be taxed for the EUC benefits?:
   

   No. The EUC benefits will be funded entirely with federal money. Therefore, there will be no tax associated with these benefits.

   
   
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8. Does EUC entitlement exist for an individual who cannot monetarily establish a new claim but has a prior qualifying benefit year?
   Emergency Unemployment Compensation (EUC) #8:
   Does EUC entitlement exist for an individual who cannot monetarily establish a new claim but has a prior qualifying benefit year?:
   Yes. Individuals who are unable to monetarily qualify for benefitson a subsequent benefit year, and who otherwise meet the EUC requirements, will be eligible for EUC.They can be paid EUC on the prior claim past the existing BYE date.
   
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9. Can an individual qualify for EUC if his most recent UI claim had a BYE date prior to May 1, 2007?
   Emergency Unemployment Compensation (EUC) #9:
   Can an individual qualify for EUC if his most recent UI claim had a BYE date prior to May 1, 2007?:
   No. EUC cannot be paid on claims with a BYE date prior to May 1, 2007.
   
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10. Does an individual with a qualifying benefit year who is eligible for UI benefits on a subsequent benefit year have the option to receive EUC based on the first benefit year?
    Emergency Unemployment Compensation (EUC) #10:
    Does an individual with a qualifying benefit year who is eligible for UI benefits on a subsequent benefit year have the option to receive EUC based on the first benefit year?:
    Yes, only if an EUC claim was already established on the prior claim and an EUC balance remains on that claim.
    
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11. If an individual has two qualifying benefit years on file and has exhausted the subsequent benefit year, does the individual have the option to receive EUC based on the first benefit year?
    Emergency Unemployment Compensation (EUC) #11:
    If an individual has two qualifying benefit years on file and has exhausted the subsequent benefit year, does the individual have the option to receive EUC based on the first benefit year?:
    No. The most recently exhausted benefit year is the applicable benefit year for EUC purposes.
    
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12. Does the individual who monetarily qualifies for a new benefit year but is ineligible to draw benefits due to the double-dip provision, qualify for EUC on the prior claim?
    Emergency Unemployment Compensation (EUC) #12:
    Does the individual who monetarily qualifies for a new benefit year but is ineligible to draw benefits due to the double-dip provision, qualify for EUC on the prior claim?:
    Yes. Claimants can qualify for EUC on the prior claim if the new claim is double-dip.
    
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13. Does the EB work search and suitable work requirements apply to EUC?
    Emergency Unemployment Compensation (EUC) #13:
    Does the EB work search and suitable work requirements apply to EUC?:
    No. Virginia UI law will control the receipt of EUC benefits. EUC claimants will not have to meet separate continuing eligibility requirements.
    
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14. If an exhaustee with an existing benefit year was separated from employment subsequent to exhaustion but prior to the effective date of EUC, does the separation have to be adjudicated?
    Emergency Unemployment Compensation (EUC) #14:
    If an exhaustee with an existing benefit year was separated from employment subsequent to exhaustion but prior to the effective date of EUC, does the separation have to be adjudicated?:
    Yes. Virginia law applies in this case. We must adjudicate any separation subsequent to the exhaustion of UI providing it does not occur prior to a separation from a 30-day or 240-hour employer. Example: The claimant has three separations subsequent to the exhaustion of UI. The second separation is from an employer for whom the claimant worked 30 days. In this situation, we must adjudicate the second and third separations. The first is disregarded since it occurred prior to employment with the claimant’s last 30-day or 240-hour employer.
    
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15. Can EUC payments be used to offset overpayments of EUC or other benefit programs?
    Emergency Unemployment Compensation (EUC) #15:
    Can EUC payments be used to offset overpayments of EUC or other benefit programs?:
    Yes, but only at a rate of 50% of the payable amount per week claimed.
    
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16. How does EUC entitlement affect the payment of basic TRA?
    Emergency Unemployment Compensation (EUC) #16:
    How does EUC entitlement affect the payment of basic TRA?:
    During the first benefit period following a TRA qualifying separation, a claimant is potentially entitled to 52 weeks of basic TRA minus regular, additional and extended compensation (including federally financed extensions). Therefore, entitlement to EUC will reduce the basic TRA entitlement. In many cases, the application of this requirement will result in an individual receiving 26 weeks of UI, 13 weeks of TEUC, followed by 13 weeks of basic TRA for a total of 52 weeks of benefits. Note: The TRA balance will be reduced by EUC paid only if the claim the EUC benefits were paid from is the UI claim that the TRA claim was based on.
    
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17. If a claimant is currently receiving TRA, do we have to suspend TRA payments and establish a EUC claim before an individual can go back on TRA?
    Emergency Unemployment Compensation (EUC) #17:
    If a claimant is currently receiving TRA, do we have to suspend TRA payments and establish a EUC claim before an individual can go back on TRA?:
    Yes, starting with the week beginning July 6, 2008, the TRA claim must be suspended until EUC is exhausted. TRA may be resumed at that point, but only after the TRA entitlement is reduced as explained in question #18.
    
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18. After the exhaustion of EUC, are previous TRA benefits payable?
    Emergency Unemployment Compensation (EUC) #18:
    After the exhaustion of EUC, are previous TRA benefits payable?:
    It depends: for example, The claimant exhausted 26 weeks of UI benefits on a first claim and received 10 weeks of TRA. The claimant then qualified for a second UI claim, so the payment of TRA was suspended. The claimant has now exhausted the second UI claim and meets the eligibility requirements for EUC. The claimant will have a remaining TRA balance of 16 weeks. In this case, TRA entitlement is not reduced by EUC because the EUC is notattributable to the first UI benefit year on which the TRA claim was based.
    
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19. If EUC is payable before TRA, will the basic TRA eligibility period or the additional TRA eligibility period be lengthened?
    Emergency Unemployment Compensation (EUC) #19:
    If EUC is payable before TRA, will the basic TRA eligibility period or the additional TRA eligibility period be lengthened?:
    No. EUC entitlement has no effect on the determination of the period of eligibility for TRA.
    
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20. How will potentially eligible EUC claimants be notified and their claims filed?
    Emergency Unemployment Compensation (EUC) #20:
    How will potentially eligible EUC claimants be notified and their claims filed?:
    Central office will identify potentially eligible claimants and mail them a EUC application. The application will be returned to the administrative office for processing.
    
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21. When a EUC claimant becomes eligible for UI, will he be required to file a UI claim?
    Emergency Unemployment Compensation (EUC) #21:
    When a EUC claimant becomes eligible for UI, will he be required to file a UI claim?:
    Yes. For individuals claiming past their BYE date, the benefits systems will perform a wage check at the beginning of each quarter. Claimants who have qualifying UI wages will be required to file a new UI claim. The claimant will receive a letter informing them that they need to file a new claim.
    
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22. What about individual who have potential UI eligibility in other states?
    Emergency Unemployment Compensation (EUC) #22:
    What about individual who have potential UI eligibility in other states?:
    We will ask claimants on the application form about wages in other states. If they answer “yes”, to that question, the EUC application will be forwarded to the Monetary Determinations Unit for the Combined Wage staff to review. If they qualify for UI in another state, they must exhaust that claim before becoming eligible for EUC.
    
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23. How will claimants certify for weekly claims for EUC?
    Emergency Unemployment Compensation (EUC) #23:
    How will claimants certify for weekly claims for EUC?:
    Claimants will certify weekly claims (reporting job contacts) either online at www.VaEmploy.com or by calling 1-800-897- 5630.
    
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24. Will EUC claimants be required to register with Virginia Workforce Connection?
    Emergency Unemployment Compensation (EUC) #24:
    Will EUC claimants be required to register with Virginia Workforce Connection?:
    Yes, if an individual is required to register for work, they can go online at www.VAWC.Virginia.gov. They will be informed on the Monetary Determination to go online and register for work.
    
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25. What is the source of the EUC benefits?
    Emergency Unemployment Compensation (EUC) #25:
    What is the source of the EUC benefits?:
    

    On June 30, 2008, President Bush signed an economic stimulus package, Supplemental Appropriations Act of 2008 that included Emergency Unemployment Compensation (EUC) benefits. On November 21, 2008, President Bush signed an amendment to the Supplemental Appropriations Act of 2008.

    The economic stimulus package, signed into law by President Obama on February 16, 2009, does not provide any additional EUC benefits. It does extend the program to December 31, 2009, allowing existing and future claim filers the ability to file an EUC claim.

    
    
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