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What Claimants need to know for Nevada Unemployment
You may be represented at the hearing by anyone of your choice, such as a professional hearing representative. However, it is not essential, BUT WILL INCREASE YOUR ADDS OF OBTAINING YOUR BENEFITS
WHAT ARE THE REQUIREMENTS FOR ELIGIBILITY IN NEVADA?
To receive unemployment benefits, you must be:
• Filing your weekly claims as required
• Able to work
• Available for work
• Actively seeking worK
IF I ACCEPT ODD JOBS OR PART–TIME WORK,
WILL I STILL BE ELIGIBLE FOR BENEFITS?
You are considered ‘‘UNEMPLOYED’’ in any calendar week during
which you:
Performed no work and earned no wages or worked less than
full-time and were paid less than your WEEKLY BENEFIT AMOUNT.
You cannot be paid unemployment benefits for any week:
(1) If you worked full-time during the week; or
(2) If you had earnings during the week equal to or more than your
weekly benefit amount; or
(3) If you were self-employed during the week, whether or not you
earned any money. The amount of time devoted to self employment is considered. Please contact the Telephone
Claim Center if you have a question and are self-employed
less than full-time; or
(4) If you are on a Leave of Absence
SUPPOSE I QUIT MY JOB OR GET FIRED?
Unemployment Insurance is for the benefit of persons unemployed through NO FAULT OF THEIR OWN. Every person has the
right to leave any job for any reason. But if it is determined that you quit
without good cause or were discharged for misconduct in connection
with the work from your last job, you must be denied benefits.
If you worked for your employer for less than 16 weeks, the separation from your next-to-last job will also be considered in determining
your eligibility.
If you were fired, quit your job, or if additional information must be
obtained from you and/or your employer due to a potential issue, you
must file your weekly claim to be called for an interview and to receive
a determination of your eligibility. Continue to file your weekly claim
while you remain unemployed. It may take 21 days (or more) to resolve
the separation issues and make a determination.
If you are disqualified because of the reason for your separation, you
must return to work for an employer who pays Unemployment
Insurance tax and earn your weekly benefit amount in each of the specified number of weeks. If you satisfy this requirement with subsequent
work and are otherwise eligible, you would no longer be disqualified
There are other reasons that would result in disqualification. Some
of these are:
• Failing to apply for or accept suitable work
• Participating in a labor dispute
• Receiving disability payments for an on-the-job injury
• Withholding or giving false information may affect your claim
Benefit Rights
WHAT HAPPENS TO MY CLAIM WHEN I RETURN TO WORK OR
IF I JUST QUIT FILING?
You cannot be paid BENEFITS again until you REOPEN your claim,
or fi le a renewal or ADDITIONAL CLAIM.
You will not receive payments for weeks of unemployment that occur
BEFORE the week in which the additional claim is fi led.
Therefore, if you wish to REOPEN YOUR CLAIM, you must do so
IMMEDIATELY following your separation from work and/or as soon as
you want your UNEMPLOYMENT INSURANCE TO BEGIN.
There are other reasons that would result in disqualified caption. Some
of these are:Unemployment Insurance Facts 15
• Seeking or receiving unemployment benefits from another state
while drawing unemployment benefits from Nevada
• Receiving vacation pay, wages in lieu of notice, severance pay, or
deductible retirement equal to or greater than your weekly benefit
amount
• Alien status—If you are not legally authorized to work in the United
States
• Between academic terms
When it is determined that an individual has been discharged for
crimes in connection with the work (gross misconduct), wages paid to
that individual by that employer prior to the time of the discharge cannot be used to determine monetary eligibility to receive benefits. Gross
misconduct includes: assault, grand larceny, arson, embezzlement,
sabotage and wanton destruction of property.
The wages earned from that employment cannot be used to determine monetary eligibility for benefits.
If you are disqualified, found ineligible, or your benefits reduced, you
will receive a written decision—a nonmonetary determination that will
state the reason for the denial.
It is possible you may receive more than one determination on your
claim. It is important you examine each determination carefully to protect your appeal rights explained below. Any ineligible determination
prohibits payment of benefits even though other determinations
may indicate benefits are allowed.
WHO HAS THE RIGHT TO APPEAL
ELIGIBILITY DETERMINATIONS?
You and your former employer(s) have the right to appeal that decision and obtain a fair hearing before a separate and impartial appeals
referee.
An appeal must be filed within 11 days of the date the decision was
mailed to you. You may appeal the decision by sending a letter to the
address shown on the decision requesting an appeal.
Be sure to include your name, Social Security number, and the basis
of your appeal. You must sign your appeal request. You may fax or mail
your appeal.
WHAT HAPPENS AFTER I APPEAL A DECISION?
When you file an appeal at any level, you must continue to file claims
for the weeks that you remain unemployed. If you are found eligible to
receive benefits, you will be paid for each week that you have filed and
met all requirements of eligibility. Weeks cannot be filed retroactively. It16 Unemployment Insurance Facts
is your responsibility to make sure claims are filed correctly and on
time.
The Appeals Tribunal will send you a ‘‘Notice of Hearing’’ at least
seven (7) days before the hearing. Review the document carefully when
it arrives and note the time, date, location of the hearing, and whether
the hearing will be by telephone. Also review the notice to see what
issues may be discussed at the hearing so you can present your side
of the story. If there is more than one issue involved, you should be prepared to discuss all of them.
You may be represented at the hearing by anyone of your choice, such as a professional hearing representative. However, it is not essential, BUT WILL INCREASE YOUR ADDS OF OBTAINING YOUR BENEFITS
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