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The Virginia Employment Commission (VEC) administers the unemployment insurance program that provides temporary financial assistance to individuals who become unemployed through no fault of their own. You have received this correspondencebecause you have filed a claim for unemployment benefits in Virginia. This information summarizes your rights and responsibilities while filing for unemployment insurance benefits and will help you avoid problems, delays, or improper payments on your claim. This correspondence does not take the place of the Virginia Unemployment Compensation Law. Your responsibility for meeting the Virginia unemployment compensation benefit requirements begins when your claim is filed. Each claim is different, and you should not depend on information from your employer, friends, family, or co-workers.You should always consult the VEC if you have any questions regarding your unemployment claim.
What is Unemployment Insurance?
The intent of Unemployment Insurance is to pay benefits to eligible claimants during times of unemployment when suitable work is not available. Unemployment Insurance is a temporary income program intended to help workers who are unemployed through no fault of their own. Unemployment benefits are funded through taxes paid by employers covered under the Virginia Unemployment Compensation Act. There are no deductions from your wages to fund the Unemployment Insurance Program.
Confidentiality of Records
Your social security number is required to file an unemployment claim. The VEC has an agreement with various state and federal agencies to share data. Please be advised that when you file your claim for unemployment benefits, we may request information from other agencies as well as share common data we have on file. Furthermore, your name, social security number, and date of birth will be verified with the Social Security Administration and the Virginia Department of Motor Vehicles to authenticate your identity.
Online Account
The VEC encourages all claimants to create an online account using the Virginia Unemployment Insurance System at https://uidirect.vec.virginia.gov/CSS [1]. You can retrieve correspondence sent to you, complete requested information, view payment history, change your address or contact information, as well as other services, at this online account.
Work Search Requirements
Information is contained in this text which provides general information about Work Search Requirements. When an initial or additional claim is submitted, the correspondence “Unemployment Benefits Rights and Responsibilities” is mailed to each claimant containing information specific to the type of claim filed. You can also view this document by accessing it in your CSS account.
How much money will I be eligible to receive?
After you file an initial claim for unemployment benefits, you will receive a Statement of Wages and Potential Entitlement. This statement is a decision based on the wages you earned in covered employment during the Base Period and states the benefit amount you may qualify for each week and the number of weeks you may receive benefits. It is your responsibility to read the Statement of Wages and Potential Entitlement and ensure all employers and base period wages have been reported correctly.
What is the Base Period?
The Base Period is the first four of the last five completed calendar quarters prior to the effective date of your claim. The effective date of your claim is the Sunday of the week in which you file your claim for benefits. If you do not qualify for benefits under the Regular Base Period, it is possible to qualify under an Alternate Base Period. You cannot choose under which Base Period you qualify.
How is my weekly and maximum benefit amount calculated?
In order to receive benefits, you must have earned a minimum of $3,000.00 in your two highest quarters AND have total wages of at least $3,000.00 during your Base Period. Your Weekly Benefit Amount (WBA) is the amount you may receive weekly and is calculated based on wages in your two highest quarters in the Base Period, not to exceed the maximum weekly benefit amount allowed by Virginia law. Your Maximum Benefit Amount (MBA) is the maximum amount you may receive during your benefit year and is calculated based on your total wages in the Base Period, not to exceed the Maximum Benefit Amount allowed by Virginia law.
How are my wages used to calculate unemployment benefits?
The amount of unemployment that you are eligible for is based on the wages earned in covered employment during your Base Period. Covered employment is work performed for an employer who is subject to the Virginia unemployment tax laws. Work performed for an employer that is not covered employment cannot be used on your claim. For example, work performed for some religious organizations, nonprofit organizations, commissions earned as a real estate agent or insurance agent and wages earned from agricultural labor, from a family member, or as elected government officials is not covered employment.
Can I Use Wages from Other States, Military, or the Federal Government?
Yes. These wages may be used provided they were subject to unemployment tax, were earned in the Base Period, have not been used to establish a previous unemployment claim, and are in accordance with other unemployment compensation laws.
If the wages on your Statement of Wages and Potential Entitlement are listed incorrectly, if wages are missing, or if there are employers listed that you did not work for, contact the VEC immediately.
You may be instructed to provide your check stubs or W-2 statements to show your correct wages. You cannot receive unemployment benefits on wages reported by an employer that you did not work for and you will be required to repay any benefits paid to you from incorrectly reported wages.
You must continue to file weekly claims while your wages are being investigated.
The Virginia Unemployment Compensation Act provides, in part, that an unemployed individual shall be eligible to receive benefits or credit for the waiting period week, with respect to any week that an individual is able, available, and actively seeking suitable employment at a pay rate generally available in their area of the state in keeping with his/her work experience, education or training. You received specific work search instructions at the time you filed your unemployment claim and are required to keep a record of the contacts you make with employers. You must diligently search for work by making a minimum of two job contacts per week in an attempt to secure employment. You must search for work each week beginning with the first week you establish your unemployment claim.
When you file an unemployment claim, an Employers Report of Separation & Wage Information will be mailed to your last 30 day/240 hour and any subsequent employer(s) requesting information regarding why you are no longer employed by them. The VEC will review all information surrounding your separation and if there are conflicting statements, both parties may be contacted by mail, telephone, or email to gather additional information. It is important that you provide this information because it will be used in determining your eligibility for benefits. Failure to respond to any request for additional information may result in a denial of benefits. Based on the facts presented, the VEC will apply state laws and issue a non-monetary decision. This will be mailed to the interested parties. If either party disagrees with the decision they have the right to appeal. The appeal rights are explained on the decision. The decision must be appealed within thirty (30) calendar days of the mailing date.
Appealing a Decision
When a decision regarding your benefits is made, you will receive a decision by mail that will explain that benefits were allowed or denied. If you do not understand the decision, contact the VEC at 1-866-832-2363. If you do not agree with the decision, you have thirty (30) calendar days from the mail date to file an appeal. Other interested parties, such as your employer(s) may also appeal the same decision. The appeal must be in writing and should set forth the grounds upon which the appeal is sought. If an appeal is filed, you should continue to file your weekly claim each week.
Appeals should be filed through one of the following methods: | |||
Internet | Fax | In-Person | |
vec.virginia.gov | (804) 786-8492 | Virginia Employment Commission | At Any VEC Service Location |
Protecting Your Rights While Appealing a Decision Denying Your Benefits
You may be monetarily eligible for unemployment benefits and still be denied benefits for other reasons. Any situation that may keep you from receiving benefits is called an ISSUE. You may be asked to provide information concerning your separation, your ability to work, or any activities or conditions which could keep you from seeking or accepting work.
You may be denied benefits if you:
Deduction for working while receiving benefits
Any employment including full-time, part-time, temporary assignments, short term contracts, volunteer work, training, or cash-in hand jobs such as mowing lawns & babysitting MUST be reported when you are filing for unemployment benefits. You must report the GROSS TOTAL amount you earned before any deductions, whether or not you actually received payment during the week.
Work is anything you do for wages, including self-employment, during the seven days of the week you are claiming Unemployment Insurance benefits.
Remember, you must report ALL gross earnings. Failure to report all gross earnings will result in an overpayment and may be considered fraudulent activity.
You must also report income from other sources such as retirement, pensions, disability funds, self-employment, education, or training allowances. ALL income from ANY source must be reported.
If you obtain full-time employment, discontinue filing for benefits.
Deduction for Pension, Retirement Pay, and Annuity
Pension, retirement pay, annuity, or any other similar periodic payment (such as 401K) under a plan maintained or contributed to by a Base Period or chargeable employer based on previous work may reduce your weekly benefit amount and in some cases could make you totally ineligible to receive benefits. You must advise the VEC if you are receiving, have applied for, or have a change in any pension, retirement pay, or annuity. Your weekly benefit amount will be reduced dollar-for-dollar by your deductible weekly pension amount. If you receive a lump-sum distribution from a retirement plan, the payment will be deductible in the week in which you receive the payment.
Deduction for Severance, Vacation, Holiday, Other Pay, or Workers’ Compensation
Severance pay, vacation pay, holiday pay, and other pay such as bonuses or wages in lieu of notice must be reported. Payments of this type may be considered deductible income and may be deducted from your weekly benefit amount. If you have applied for or are receiving Workers‘ Compensation benefits, you will be asked to provide a medical statement about your ability to work.
Distribution of Child Support Withholding
The Division of Child Support Enforcement (DCSE) will notify the VEC of a child support withholding to be made for back child support. If you do not agree with the amount, you must contact the Division of Child Support Enforcement, since the VEC cannot remove or reduce the amount of the distribution.
Distribution of Federal Tax Withholding
If you elected to have federal taxes withheld from your weekly unemployment benefits, the VEC will send your withholding amount to the IRS as each payment is processed.
Distribution of Overpayment
Benefits may not be paid on a regular Unemployment Insurance claim until any outstanding overpayment has been recovered. The VEC may recover an overpayment by distributing it from any benefits you may be eligible to receive on a current or future unemployment claim.
You may file your weekly claim for benefits online or by telephone. You must file weekly claims in order to receive benefits. A week begins on Sunday at 12:01 a.m. and ends on Saturday at midnight. You cannot file a weekly claim until after the week is over. You should file your weekly claim on Sunday for the previous week. If you file your weekly claim for benefits twenty-one (21) or more calendar days after the week has ended, it will be considered as untimely and in most cases will not be paid.
Online | Telephone |
Available 24 hours a day, 7 days a week | Sunday through Saturday, 6am-6pm |
Instructions
| Instructions
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Available in English and Spanish | Available in English and Spanish |
Available Services
| Available Services
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The VEC discovers improper payments to claimants in a number of ways including:
If you receive benefits to which you are not entitled, you will be liable for repayment of those benefits along with any costs, fees, and interest associated with collection. If someone else made the mistake that caused the incorrect payment, you will still be liable for repayment.
Most frequent reasons of overpayments:
When an overpayment is established, you will receive a written decision explaining why you are overpaid. If you disagree with the reason you are being overpaid, you have 30 days from the date the decision is issued to file an appeal.
Fraud, for Unemployment Insurance purposes, is knowingly making a false statement, misrepresenting a material fact, or withholding information to obtain unemployment benefits. Any statement you make in order to obtain unemployment benefits will be verified. You will be required to repay the benefits. All fraud cases are subject to possible criminal prosecution, fines, and imprisonment. The VEC is responsible for protecting the Unemployment Insurance Trust Fund and has a full-time fraud detection unit to identify and recommend criminal prosecution for those who commit fraud.
Examples of fraud include:
Penalties for fraud include:
Overpayment Repayments
If you have an overpayment, you can repay it in one lump sum or under an installment payment plan; however, the VEC must approve such plans.
Other methods of recovery of overpayments include:
Benefits may not be paid on an unemployment insurance claim until outstanding overpayment(s) have been recovered.
Personal Identification Number (PIN)
If you file your initial claim for benefits by telephone through the VEC’s Customer Contact Center, a PIN will be created and mailed to you. Use the VEC PIN to file your weekly claim for benefits and to check the status of your benefits by telephone. This PIN will provide private access to personal information, so it is important that you remember and safeguard it. If you create an on-line account, the PIN is not required to access that account.
Attending School or a Training Program
Make 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 wish to attend school or a training program to improve your employment possibilities, you need to request approval in advance from the VEC.
Approved Training
When you lose your job, you may be recommended for possible training or education. Your work skills and experience will be evaluated to match current job openings in your field. If training or schooling is recommended and it meets requirements outlined in Virginia law, it could be considered approved training. You should contact your local Workforce Center for information regarding approved training.
Double Dip Claim
If you received benefits during a prior Benefit Year and have NOT performed services for 30 additional days or 240 hours for at least one covered employer since the beginning of the prior Benefit Year, you may monetarily qualify for a new Benefit Year, but you will not be eligible to be paid for those benefits. You must have 30 additional days or 240 hours of covered employment and be subsequently unemployed through no fault of your own to be eligible to be paid.
Trade Claim
Federal Trade Adjustment Assistance (TAA) pays benefits to workers who lose their jobs or their working hours are reduced as a result of increased imports. If you worked for an adversely affected employer that has been impacted by foreign trade, you will receive notification of potential eligibility for the program.
Reemployment Services
Local Workforce Centers provide services which include referrals to job search assistance and job placement services such as counseling, testing, assessment, job search workshops, orientation, referrals to employers, or other reemployment services. All unemployment claims are screened to determine those most likely needing reemployment services to return to the workforce. The selection criteria has been established utilizing federal guidelines. If you are selected to participate in a reemployment program and cannot attend, you must contact the local Workforce Center to reschedule. Failure to participate as instructed will result in a loss of benefits.
Refusing a Job Offer or VEC Referral
If you refuse a job offer, you will be contacted by the VEC to provide additional information. The VEC then will determine if the work was suitable, and if so whether you had good cause to refuse the job offer. If the job was suitable and you did not have good cause to refuse it, you may be denied benefits beginning with the Sunday of the week in which such refusal occurred. If you fail, without good cause, to apply for suitable work when referred by the VEC, you may be denied benefits starting with the Sunday of the week in which the refusal occurred. The VEC determines whether the referral was for suitable work.
Claim Cancellation
If you wish to cancel your initial claim and not file for benefits, your cancellation request must be made in writing within 30 days after your claim is filed. The final date for the cancellation request is the same as the final date for appeal shown on your Statement of Wages and Potential Benefit Entitlement decision. You cannot cancel your claim if 1) you have been paid benefits, or 2) a decision has been rendered by a deputy based on your reason for separation from employment. If you cancel your claim, it will be deleted from the Virginia Employment Commission system and you will have to reapply if you later decide to pursue a claim.
You are required to notify the VEC if you:
You can view the claimant handbook here [4].
If you receive benefits to which you are not entitled, you will be required to repay them, along with any costs, fees, and interest associated with collection.
Q: What is an overpayment?
A: An overpayment means unemployment 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 us of information that would have reduced or eliminated your benefit payment.
Q: How do I repay an overpayment?
A: Repayment must be made in full. If you are unable to repay the full amount in one payment, you immediately must contact the Benefit Payment Control Unit, (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. See the Internal Revenue Service for further instructions and information.
Q: What if I fail to repay the overpayment?
A: If the overpayment is not repaid in full before you claim future benefits, a deduction (offset) will be made from those future benefits. The VEC also will use other methods to collect the money owed, including collection agencies, the Credit Bureau, 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 also be charged to you.
Links:
[1] https://uidirect.vec.virginia.gov/CSS
[2] https://css.vec.virginia.gov/CSS
[3] http://www.VAWC.Virginia.gov
[4] https://www.vec.virginia.gov/unemployed#claimant-handbook