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 $6.55 (as of July 24, 2008) and is applicable to employers of 4 or more employees. The minimum wage will increase to $7.25 per hour on July 24, 2009. 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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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. Extended Benefits (EB)
   Glossary #7:
   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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8. Overpayment
   Glossary #8:
   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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9. Acquisition
   Glossary #9:
   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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10. Agricultural Labor
    Glossary #10:
    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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11. Audit
    Glossary #11:
    Audit:
    A formal, official examination and verification of the records of an employer.
    
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12. Benefit Year
    Glossary #12:
    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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13. Calendar Quarter
    Glossary #13:
    Calendar Quarter:
    The period of three consecutive calendar months ending on March 31st, June 30th, September 30th, or December 31st.
    
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14. Claimant
    Glossary #14:
    Claimant:
    An unemployed individual who files a claim for unemployment compensation.
    
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15. Corporation
    Glossary #15:
    Corporation:
    An entity formed and authorized by law to operate and conduct business in the same manner as an individual.
    
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16. Delinquent Employer
    Glossary #16:
    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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17. Duration of Benefits
    Glossary #17:
    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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18. Employer
    Glossary #18:
    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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19. Employing Unit
    Glossary #19:
    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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20. Employment
    Glossary #20:
    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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21. Experience Rating
    Glossary #21:
    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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22. Federal Employer Identification Number (FEIN)
    Glossary #22:
    Federal Employer Identification Number (FEIN):
    The registration number assigned by the Internal Revenue Service to an employer.
    
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23. FUTA (Federal Unemployment Tax Act)
    Glossary #23:
    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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24. Inactive Account
    Glossary #24:
    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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25. Insolvent
    Glossary #25:
    Insolvent:
    The condition of a legal entity that is unable to pay its debts.
    
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26. Insured Employment
    Glossary #26:
    Insured Employment:
    Term used to describe employment covered by the Unemployment Compensation Act of Virginia or any other state.
    
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27. Interest
    Glossary #27:
    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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28. Last Thirty-Day Employer
    Glossary #28:
    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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29. Liability Date
    Glossary #29:
    Liability Date:
    The date that an employer meets the statutory criteria for liability coverage with the Virginia Employment Commission.
    
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30. Maximum Benefit Amount
    Glossary #30:
    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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31. Tax Report
    Glossary #31:
    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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32. Unemployment
    Glossary #32:
    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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33. Waiting Week
    Glossary #33:
    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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34. Week
    Glossary #34:
    Week:
    Seven consecutive days beginning on Sunday and ending the following Saturday at midnight. §60.2-230
    
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35. Weekly Benefit Amount (WBA)
    Glossary #35:
    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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36. Suitable work
    Glossary #36:
    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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37. Reemployment Assistance
    Glossary #37:
    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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