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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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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