A Few Basics about West Virginia Unemployment Compensation

Many people mistakenly think that if they’re fired from a job they are not eligible to receive Unemployment Compensation.  As a result, they don’t apply for benefits - a big mistake!

You can only be completely disqualified from receiving Unemployment Compensation if your former employer proves that you have committed “Gross Misconduct.”  Gross Misconduct is defined in West Virginia Code 21A-6-3 (2).  

Examples include:

·    Willful destruction of the employer’s property
·    Assault
·    Arriving at work intoxicated or being intoxicated or under the influence of any controlled substance
·    Serious crimes like arson, theft, or embezzlement
·    Acts of misconduct for which the employee has received warning that any repetition will result in discharge

On the other hand, mere inefficiency, unsatisfactory conduct, or good faith errors in judgment or discretion are not misconduct within the meaning of the West Virginia Code and will not result in your complete disqualification from receiving benefits.

If you lose your job for any reason, you should promptly go to your local unemployment office and apply for benefits.  You will be interviewed by a Deputy Administrator and required to sign a sworn statement explaining why you lost your job.  Be sure to be truthful and accurate!  State the reason given to you by your employer for your termination, but if you think there was another reason or a hidden reason, be sure to state that too.

Many unemployment claims are denied at first.  Don’t despair!  You have 8 days from the receipt of the Deputy Administrator’s decision to appeal.  Appealing is simple:  Write and deliver a letter saying “I appeal this decision.”  An appeal hearing will then be scheduled and heard by an Administrative Law Judge.  You have the right to have that hearing in person, to bring a lawyer, to subpoena witnesses, to present evidence and testimony, and to cross-examine the employer’s representatives about their statements.  The burden of proving disqualification will again be on the employer, not you.  Many claimants win on appeal and receive valuable aid in finding new employment and the financial assistance that they’ve already paid for through tax deductions from their paychecks.  

Be sure to consult with Hammer, Ferretti & Schiavoni early on, especially if you believe that your termination was motivated by a reason such as unlawful discrimination, retaliation, or whistle-blowing.  The Unemployment Compensation hearing is often an important first step in proving that your termination was unlawful!

For more information, including Unemployment office locations and hours CLICK HERE