Unemployment Benefits
We get lots of calls from people who have questions about unemployment benefits and the procedures followed by DLLR. Generally workers are entitled to benefits when they have involuntarily lost their jobs. Workers terminated for misconduct, gross misconduct or aggravated gross misconduct may be denied benefits or receive a waiting period penalty. An employer asserting that an employee should not receive benefits has the burden of proof in showing that an employee engaged in misconduct.
Workers who have quit without “good reason connected to their employment” will be denied benefits. Good reasons might be that an employer has reduced pay or hours, has involuntarily transferred workers or has somehow altered working conditions to make a job intolerable.
If a worker or company does not agree with the initial claims examiners’ determination as to eligibility, they may appeal that decision and receive a hearing before a hearing examiner who will conduct the hearing, allow examination of witness, provide subpoenas upon request either for documents or other persons. The burden of proof in misconduct cases is on the employer while the burden in voluntary quit cases is upon the worker.
Workers are not entitled to receive benefits unless they are “able and available” to work meaning that the worker is not so disabled that he/she cannot work and/or is not available to work. Similarly, workers are not entitled to benefits for any period for which they are receiving severance pay, vacation pay or other money in lieu of wages.
If you have questions, call the Maryland Department of Labor, Licensing and Regulation or feel free to call our office.
