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- Labor and employment attorney Victor Forberger offered several tips for people who are filing for unemployment during a recent webinar.
- He advised people to know the difference between an initial claim and a weekly certification; to know that mistakes can be used against you; to make sure you’re searching for work; to document and retain records of your work search actions; to report all job offers; and to know if the reason you left your job is valid.
In Wisconsin, filing for state assistance after becoming unemployed can be an odyssey.
A long list of mistakes can derail your claim, jeopardizing your benefits and even opening you up to legal trouble.
Wisconsin Watch attended the State Bar of Wisconsin‘s unemployment filing seminar, where labor and employment attorney Victor Forberger presented on the mechanics of the winding filing process.
We used that information to compile this list of tips and common mistakes to avoid when filing your unemployment claim. Here are some things to know.
Know the difference
To be paid unemployment benefits, you must file two main things:
- File an initial claim, where you report that you separated from a job.
- File a weekly “certification,” where you must continue to prove you meet each of the state’s criteria for benefits.
Department of Workforce Development staff and judges use the word “claim” interchangeably while referring to each of these processes, Forberger said. Knowing the difference can help lessen mistakes.
Know that mistakes can be used against you
The online system will repeatedly ask if all of the information you’re entering is truthful, as a method of protecting against fraud.
Thus, any mistake you make is assumed to be purposeful, unless you can point to a specific reason that might have caused the mistake, such as a disability, that shows you’re not at fault. That’s hard to do.
Mistakes can — and often do — lead people to be charged with fraud, enabling the state to claw back unemployment benefits and charge penalty fees.
Dates are tricky. Prepare accordingly
When you file your initial claim, you’ll be asked to select the first week you want to begin receiving benefits. That date may have nothing to do with when you actually lost your job.
“You may have suffered a job loss, and the employer gave your vacation pay that you had accrued for 20 years, and so you’re being paid now for six weeks,” Forberger said. “You don’t file your unemployment claim on the week that the job loss ended. Start your unemployment claim when the vacation pay has run out.”
People often try to start the initial claims in the past, on the date that they lost their job.
You are supposed to file your initial claim within seven days of the week you want to start receiving benefits. If it’s outside of that time frame, the state considers it a “late claim,” which is very difficult to prove and accepted under only what the state deems “exceptional circumstances.”
Reporting the wrong date could disqualify you and derail the process of receiving benefits.
Make sure you’re searching for work
The main way people disqualify themselves, Forberger said, is by not properly showing the state you are looking for new work.
To receive unemployment benefits in Wisconsin, typically you must prove you’re seeking a new job by doing things like giving a resume to a hiring employer, interviewing for a job or meeting with a career counselor.
You must conduct four new work search actions every week and upload the proof during the weekly certification process.
Forberger recommends doing five actions, to be safe, in the event that one action is disqualified.
Falsely reporting actions could be considered fraud, disqualifying your claim and opening you up to legal penalties.
Hang onto your documents
You should keep all of the documented proof of your work searches handy for one year.
The state randomly audits people’s work searches for accuracy, so you could be asked to submit proof of your work search actions for any particular week. Any issues could mean having to repay your benefits for that week.
Report all job offers
During the weekly certification process, you will be asked if you have turned down a “bona fide job offer” that week, meaning a legitimate job offer, complete with a pay rate and list of duties.
“It can’t just be like, ‘Hey, come by tomorrow, I got a job for you,’” Forberger said. “It’s got to be like, ‘You’re going to get hired at $15 an hour to stock shelves at my department store, and your schedule is going to be in the evenings, part time.”
During the first six weeks of your job search on unemployment, you are allowed to turn down what the state deems suitable work without threatening your benefits if the offer involves lower skills or significantly lower pay than before.
After those six weeks, you have to take any “bona fide” offer that comes your way, Forberger said. You must also report all of the offers that you’ve turned down, even if they weren’t suitable work. Failing to do these things could disqualify you from unemployment benefits.
Don’t file your weekly certifications on Sunday
People often file their weekly certifications on Sundays thinking they’re being proactive by doing it early. But there’s no phone support available to call for help on Sundays.
“There’s no need to rush because you’re going to get paid,” Forberger said. “Getting it one or two days earlier is not going to make all that much of a difference.”
Know if your reason for leaving your job is valid
When filing for unemployment, you will be asked to report why you separated from all of the jobs you’ve held within the last 18 months.
The onus is on you to understand if your reason for leaving a job is one Wisconsin considers “disqualifying,” and report it accordingly. Mistakes you make here will be treated as intentional.
Among the reasons that will disqualify you from receiving unemployment benefits:
- Left your job without good cause.
- You were fired for misconduct or substantial fault.
- You refused work without good cause.
- You work a job considered “excluded.” Learn more here.
Among the reasons that are accepted:
- Were laid off or your work hours were reduced because your employer did not have enough work for you.
- Left your last job and can show it was for a good cause. Learn more about what is defined as “good cause” here.
Miranda Dunlap reports on pathways to success in northeast Wisconsin, working in partnership with Open Campus. Find her on Instagram and Twitter, or send her an email at mdunlap@wisconsinwatch.org.
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