How to File a Claim for Unemployment Compensation Benefits

Excerpted from Win Your Unemployment Compensation Claim by Lawrence A. Edelstein © 2002

You may be eligible for unemployment compensation benefits. You may even be eligible for a lot of unemployment compensation benefits. Until you file a claim for benefits, however, you will never see a penny.

States place the obligation of applying for unemployment compensation benefits upon the claimant. State agencies do not typically notify claimants when they are, or may be, eligible for benefits until after a claimant applies. Claimants are expected to know where to go, what to bring, what to do when they get there, and what happens after they leave.

Where to Go
Unemployment compensation offices are typically included in the state government portion of the telephone directory. Most unemployment compensation offices are listed under the heading “Department of Labor” or “Department of Labor and Industry.” The precise name given to these offices vary from state to state. Some states title them “Job
Centers” or “State Employment Services,” while others list local offices under more official sounding names such as “Employment Security Commission.”

Typically a claimant is free to file for benefits in whichever office he or she finds most convenient. The claimant does not have to file in a location closest to his or her former employer. In fact, if the claimant moves to another state after separating from work, the claimant may even file a claim near his or her new residence.

Most states have numerous local offices. If you do not find this to be the case, or if the nearest office still seems rather far, you should contact the telephone number listed in Appendix A to inquire about a closer location. Some states establish unofficial substations where a claimant may file for unemployment compensation benefits. If these substations are still too distant from the claimant’s residence, some state laws provide for the organization of provisional offices to service particular claimants.

If this is not an option in your particular state, you may want to log onto the internet and search the web page of your state's unemployment compensation agency. There is a growing trend to allow claimants to file unemployment compensation applications on the Web.

What to Bring
Usually the initial filing for unemployment compensation benefits must be in person. Telephone filing, at least initially, is either rare or nonexistent. The claimant must normally complete a few forms on his or her first visit to the state unemployment office, and doing so over the telephone would be especially tedious.

What you should bring to your first visit to the state unemployment office depends on the type of documentation you have, and the arguments you expect to make. There are a number of documents that you should bring if you have them. The more documentation you keep concerning your employment and income history, the more you will be able to protect your interests.

In actuality, state unemployment offices expect very little with regards to records maintained by employees. Instead, the law usually mandates that employers keep records, within their own files, many of which are regularly filed with the state or federal government. To the extent that an employer errs or even loses one or more of these necessary documents, an employee may save a lot of aggravation if he or she also keeps copies of employment documents.

At a bare minimum, there are a number of documents that you really should make an effort to bring to your first visit. Certain information will be essential when you attempt to complete the required forms. While some states permit a claimant to complete these forms at home, a claimant typically has to wait in the office lobby for a period of time
before his or her claim is processed and may want to take advantage of this waiting period by filling out these forms while waiting.

The following is a list of documents that a claimant should strive to bring when filing for unemployment compensation benefits:

1. Social Security card. This is the identification instrument of choice and many unemployment offices will not allow a claimant even to apply for benefits without one. If you cannot find your card, you should bring another document containing your Social Security number. A W-2 or other tax form usually has this information.

2. Green cards. If you are not a citizen of the United States, bring proof of your authorization to work in the U.S., such as your alien registration receipt card, often called a green card. Such documentation is especially important in states such as Texas and California where illegal immigration is very common.

3. Layoff documents. If you are laid off from prior employment, bring any available documentation indicating a layoff. Many employers provide employees with a layoff notice.

4. Information about your last employer. Such information should include the employer’s name, address, telephone number, and, if available, the employer’s tax identification number. You should be prepared to answer questions regarding when you first began working for this employer, and when you ceased working for this particular employer.

You should also make an effort to bring information concerning the income you earned while in the employ of this employer. Ideally, you should not bring mere totals, but should bring a breakdown indicating exactly when such amounts were paid. Pay stubs are preferable, but tax forms such as a W-2 usually contain much of this type of information.

5. Information detailing your past work history. Be prepared to name all of your former employers over the course of the last two or three years. Be prepared to provide the addresses, start and ending employment dates, and employer identification numbers, if available, of such employers. At the very least, refer to your telephone directory to find the addresses of prior employers, and bring a list containing this information to the initial visit to the state unemployment office.

Also make an effort to bring information concerning the income you earned while in the employ of these past employers. Again, you should not bring mere totals, but should bring a breakdown indicating exactly when such amounts were paid. Pay stubs are preferable, but tax forms such as a W-2 usually contain much of this type of information

6. Union information. If you are affiliated with any labor unions, bring the name, address, and telephone number of such organizations. This is especially important where you expect the union to aid in your job search.

7 . Benefits information. If you currently receive pension or Social Security benefit s, or expects to receive such monies within the next year, bring any documents you may have concerning such benefits.

8 . Dependent information. If you were employed in a state that provides additional dependency benefits, bring information concerning your dependents. Normally, if you are claiming one or more children as dependents, bring the Social Security numbers of your children (and your spouse’s social security number, as well).

NOTE: With the exception of the documents listed in paragraphs 1 and 2 above, you will rarely be asked to produce any other documents.

There are essentially two main purposes for lugging all this information down to the office. First, as explained previously, much of the inf