in/dwd/files/Indiana_Unemployment_FAQ.pdf After filing your initial claim, you do not need to contact DWD or your local WorkOne, unless
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Table of Contents Introduction 3 About This Handbook 3 Who Pays For Unemployment Insurance 3 Interstate Claimants 3 Quality Control Audits 3 Unemployment Insurance Fraud 3 How Do I File For Benefits 4 Apply 4 Information You Must Provide 4 Work Registration 5 What To Expect 6 Waiting Period 6 Required WorkOne In-Person Visit 6 Do I Qualify For Benefits 7 How Much Money Did You Earn In Your Base Period? 7 Why Are You Unemployed? 9 Are You Able, Available, and Actively Seeking Full Time Work? 10 What Is A Suitable Offer of Work 10 How Will I Know If I Will Get Benefits? 11 Determination Of Eligibility 12 Claimant Request for Notice by Mail 14 How Much Will My Benefits Be? 15 How Long May I Receive Benefits? 15 Is There A Limit To The Total Amount Of My Benefits? 15 How Much Will My Weekly Payment Be? 16 What Is The Maximum Weekly Benefit Amount? 16 Will Child Support I Owe Be Automatically Deducted From My Benefits? 16 Partial Benefits 17 How Partial Benefits Are Calculated 17 Partial Benefit Exclusions 17 How Do I Get My Benefit Payment 18 Claim Voucher 18 Work Search Information 19 How Can I Get Work Search Help? 21 After You File Your Initial Claim 22 What If I Disagree With A Benefits Decision? 25 How Do I File An Appeal? 25 The ALJ Hearing 25 If Your Former Employer Files An Appeal 27 If You Cannot Attend A Scheduled Hearing 27 After The Hearing 27 Frequently Asked Questions 28 UI Benefits Process Flowchart 30 Glossary of Terms & Acronyms 31 For More Information 33
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Introduction Unemployment Insurance decisions are made without regard to race, color, sex, national origin, religion, age or disability. C ontact the Indiana Department of Workforce Development (DWD) or the U.S. Department of Labor (USDOL) if you believe yo u are the victim of discrimination concerning a claim. Do not risk being disqualified or losing your benefits because you do not understand your rights and responsibilities. About this Handbook Read this handbook carefully and completely. The sections in this booklet will help explain certain questions you may have about your rights and responsibilities concerning your Unemployment Insurance Claim. It provides general information and should not be used as law or as legal advice. Who Pays for Unemployment Insurance? Unemployment Insurance benefits are paid by employer premiums. No money is deducted from your paycheck or taxes to pay Unemployment Insurance benefits. Under the Federal Unemployment Tax Act of 1939, employers are required to pay pr emiums that pay for the cost of administering Unemployment Insurance and employment service programs at the state and federal levels. Interstate Claimants The contents of this handbook apply to Indiana claims for those who live in the state. If you have moved out of Indiana, you must report to an unemployment insurance office in that state to register for work and change your address. If your address changes, you must notify DWD by changing your address online through Uplink, the unemployment insurance online filing system. Quality Control Audits DWD conducts random claimant quality control audits. Audits review claimant eligibility, payroll records, and work search con tacts. If you are selected for an audit, you will be contacted by an auditor for an interview. Unemployment Insurance Fraud DWD aggressively pursues any acts of fraud committed against the Unemployment Insurance Program. DWD cooperates with other state agencies to check employment and unreported earnings. You commit fraud when you: Ł Knowingly fail to report any earnings during your waiting period, benefit period or extended benefit period weeks; Ł Hide or falsify any fact that would make you ineligible for benefits or reduce your benefit amount, or, Ł Assume someone else™s identity to file for or receive benefits. What happens if you commit fraud? Ł You must repay the benefits you received (plus interest) as a result of the fraud (the overpayment) and Ł You must pay a penalty in addition to the overpayment in an amount of: 25% of the overpayment for the first fraudulent claim; 50% of the overpayment for the second fraudulent claim; or 100% of the overpayment for the third fraudulent claim and all fraudule nt claims thereafter. Ł You may face criminal prosecution, including a fine and/or a jail term. Failure to repay this money may result in civil legal action, referral of your account to wage garnishment , and criminal prosecution. If you know of any UI fr aud taking place, you can report it anonymously to www.in.gov/dwd/2464.htm . 3
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If you need to: How Do I File For Benefits? Ł File your claim for Unemployment Insurance benefits Ł Reapply for benefits after a period of employment Ł Resume filing after any period of claim inactivity Do so as soon as you become unemployed. You can only claim benefits for weeks you filed. If you are re-opening an existing claim or transitioning from one claim level to another, check your homepage frequently. You generally cannot re -open or transition to a new claim level on the same day you file a weekly voucher. You cannot go back and claim benefits for previous w eeks, and file dates cannot be fibackdatedfl for weeks that you may have missed. For claim eligibility changes during the COVID pandemic, see the Indiana Unemployment Insurance FREQUENTLY ASKED QUESTIONS for COVID -19 work -related issues located at https://www.in.gov/dwd/files/Indiana_Unemployment_FAQ.pdf Your claim for benefits must be completed by 8:59 p.m. EST on Saturday of the week you become unemployed in order to receive benefits for the following week. Make sure you start and finish all information on your claim with plenty of time before 8:59 p.m. EST on Saturday. Late claims will not be accepted and if you fail to file your claim by 8:59 p.m. EST on Saturday, you will not receive any benefits for the following week. If you fail to complete all information on your claim by 8:59 p.m. EST on Saturday, you will have to re -enter all information the following day and your claim will not be back -dated. Apply Ł You may file your application for benefits at www.in.gov/dwd/unemployment Ł Watch the online filing tutorial before filing to prevent errors that may delay your claim. Ł Follow the instructions given for filing a claim. Ł If you do not have internet access, you can apply online at your local WorkOne during that WorkOne™s normal business hours. Ł BE SURE TO TURN OFF ANY fiPOP -UP BLOCKERfl on the computer you are using. Important information may appear in pop -up windows, both at the time of initially filing and also when completing weekly vouchers. Ł Want to receive paper mail regarding your claim? Call 1-800-891 -6499. Information You Must Provide You will nee d to provide DWD with the following information to file your claim. If you are visiting a WorkOne in order to complete your online application, please bring this information with you on your first visit. Ł A valid email address and a password you can use fo r Uplink, the unemployment insurance online filing system (your claim will not be processed without a valid email address); Ł Your complete name, date of birth, and address, including zip code; Ł Your Social Security number (your claim will not be processed without it); Ł Driver™s license or state identification card; Ł Name, address, and telephone number of all your employers for the last 2 years; Ł Dates worked (start and end dates) for all your employers for the last 2 years; Ł The reason you are no longer employed by all of your employers for the last two years; Ł Check stubs for your current or most recent employer(s); Ł Information about your pension, retirement, 401(K), or other payments; Ł If you ha ve received or will receive any type of pay other than regular wages (such as vacation pay, severance pay, PTO pay -outs) from your current or most recent employer(s), information about the amount(s) of money you have received or will receive; Ł If you have had out of state employment in the last two years, the state where you physically worked and your employer™s payroll address; Ł If you are a member of a union hiring hall, information about your hiring hall and your fidues paid through datefl; and, Ł If you received Worker™s Compensation, information about the date of your injury. 4
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Work Registration Once you file a claim for UI benefits, DWD will automatically start an account for you in Indiana Career Connect based on the information you entered for your Uplink account. You must then log into Indiana Career Connect, using the same login information that you used to access your Uplink account. You can log into Indiana Career Connect at https://www.indianacareerconnect.com or by following the link to Indiana Career Connect on DWD™s website at https://www.in.gov/dwd/ . Once logged in, you should then complete your pro file and create a resume. You may use Indiana Career Connect to create an employer -searchable resume and my search for work among the job listing found in the Indiana Career Connect database. You can also upload an existing resume. If you fail to become r egistered for work within 10 days of filing an initial claim for benefits, DWD will not award UI benefits to you. Until the requirement to register for work is met, you will not be eligible for UI benefits. If you reside outside of the State of Indiana, you must register for work in the job matching service available in the state you reside. If you fail to become registered for work in that state within 10 days of filing an initial claim for UI benefits, DWD will not awar d benefits to you. Until the requirement to register for work is met, you will not be eligible for UI benefits. If requested by DWD staff, you must produc e sufficient evidence showing that you are registered for work in the state where you are residing. You will be excused from the r equirement to register for work if you have a work search waiver. A work search waiver is awarded to a claimant whom DWD determines is: 1) Enrolled in training approved by DWD (whether or not the training is paid for by DWD); 2) A job -attached worker with a spe cific recall date that is not more than 60 days from the date the claimant was separated from employment; or 3) A member in good standing of a DWD -authorized union hiring hall. 5
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What To Expect Ł After filing your initial claim, you do not need to contact DWD or your local WorkOne, unless otherwise instructed. Eligibility will be determined during this period. Ł Within 10 days of filing you will receive a Monetary Determination of Eligibility form by a message on the homepage of your Uplink account. This does not determine qualification and it is no guarantee of benefits; it is a statement providing a possible weekly benefit amount and a n overall maximum benefits amount should you be deemed eligible for benefits. If this statement is incorrect, please contact the DWD Contact Center. You may be required to provide proof of earnings. Waiting Period A one week waiting period will occur af ter you file your initial claim. Do not wait to file your claim. File as soon as you become un – employed. You will not receive benefits during the waiting period. Any wages earned during your waiting period must be report ed. Required WorkOne In -Person Visit Hoosiers receiving unemployment insurance benefits must visit their local WorkOne for a review of their work search records a nd an orientation to WorkOne services after their 4th week of benefits. You are also required by law to keep records of your weekly work search activities and be able to show a record of work search activities when requested by DWD. You are responsible for keeping a log of your weekly work search activities and may be required to produce that log at any time to DWD. If your record of work search activities cannot be readily verified by DWD when requested, weekly benefits could be withheld and you will be required to pay back any benefits received for any weeks in which your work search activities cannot be verified. If you fail to comply, you risk losing your unemployment insurance benefits. For more information about this requirement, visit http://unemployment.in.gov . 6
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DO I QUALIFY FOR BENEFITS? (continued) To meet the minimum eligibility for UI, your total wages during your base period must be equal to at least one and one -half (1.5) multiplied by your wages in the highest quarter of your base period. Your base period wages must also total at least $4,200, w ith at least $2,500 of those wages earned in the last six (6) months of the base period. 2.) Why Are Yo u Unemployed? You only qualify for Unemployment Insurance benefits if you are unemployed through no fault of your own. If You Quit or Were Fired: A claims deputy within the agency™s administrative office will need to make a determination of whether or not you are eligible for benefits. You must provide fact -finding information as part of your online application. Your bene – fit eligibility determination will be based on the fact -finding information you provide, as well as information provided by your employe r(s). Please fill out this information as completely as you can. Your most recent employer and your base period employer(s) will be contacted for information regarding your claim. When this process is complete, you will be sent a Determination of Eligibility (see page 12 ). If You Quit Voluntarily without good, work -related reasons, you may not qualify for benefits. Good, work related reasons include, but are not limited to: Ł Your employer arbitrarily (unreasonably) changes the terms or conditions of your work Safety violations at your work site Ł Harassment Ł Domestic or family violence Ł Moving to follow a spouse accepting a new job Ł Military service Employees who accept payment in exchange for voluntarily resigning or retiring are considered to have quit voluntarily and are not eligible for unemployment insurance. Ł Giving false information on a job application Ł Knowingly breaking an employer™s rules Ł Unexcused absence or tardiness Ł Purposely damaging the employer™s property Ł Refusal to obey employer instructions Ł Reporting to work under the influence of drugs and/or alcohol Ł Consuming drugs and/or alcohol on the job Ł Conduct that threatens the safety of others Ł Conviction and imprisonment for a serious crime Ł Breach of a duty you owed your employer 9 Example: If you file your initial claim application for UI between January 5, 2020, and April 4, 2020, your base period will be Q4 2018, Q1 2019, Q2 2019, and Q3 2019, which covers the dates October 1, 2018, through September 30, 2019. You must have earned total base period wages that are 1.5 times greater than your highest quarter wages If you file your initial claim application for UI benefits between April 5, 2020, and July 4, 2020, your base period will be Q1 2019, Q2 2019, Q3 2019, and Q4 2019, which covers the dates from January 1, 2019, through December 31, 2019.
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DO I QUALIFY FOR B ENEFITS? (continued) The following individuals are not considered unemployed and are not eligible for unemployment insurance benefits: Ł On-call and as -needed workers if they receive pay OR refuse work during any week. Ł On-call or as -needed workers are defined as workers who are regularly and customarily employed on an on -call or as -needed basis and are paid during any week for services dire ctly or by an employer. If working for an employer, the individual works whenever the employer requires and there is no set work schedule. Ł Workers employed at a business during a short -term shutdown or vacation whether paid or unpaid. Ł Workers who volunteer for a temporary layoff, reduction in hours, furlough, leave due to short -term shutdown, or vacation, whether paid or unpaid. 3) Are you Able, Available, and Actively Seeking Full -Time Work? Your benefits could be denied or reduced if you: Ł Refuse or fail a pre -employment drug screening. Ł Refuse an offer of suitable work. Ł Fail to go to a job referral made by your local WorkOne. Ł Cannot show proof that you are actively searching for work according to work search requirements (explained on pages 19-21). Ł You are temporarily not available for work due to illness, injury, or a leave of absence. Ł You are on suspension due to work -related misconduct. Even if you have a work search waiver, you must be mentally and physically able and available to work. Your bene fits can be A claimant who is determined eligible to receive UI benefits pursuant to the statutory modification regarding domestic or fam ily violence may restrict availability for work because of the claimant™s need to address the effects of being a victim of domestic or family violence. Additionally, claimants enrolled in training approved by DWD, whether or not the training is paid for by DWD , are exempt from the requirement that claimants must be able to work full -time and available to work full -time, if the reason the claimant is not able to work full -time and available to work full -time because the claimant must be at the DWD -approved training during all full -time work hours. What is an Offer of Suitable Work? Unemployment Insurance recipients must accept any offer of suitable work. An offer of work will be suitable if it is reasonably similar in location, type of work, and pay to your previous work experience. The longer you remain unemployed, the more likely it be- comes that an offer of work will be considered suitable. You must be willing to expand your work search beyond your normal trade or occupation and to accept work at a lower rate of pay in order to remain eligible for benefits as the length of your unemployment grows. During weeks 5 -8 of receiving unemployment insurance benefits, you must accept work that pays at least 90% of your previous wage. After 8 weeks of collecting benefits, you mus t accept work that pays at least 80% of your previous wage. 10
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HOW WILL I KNOW IF I GET BENEFITS? Soon after you file your claim you should receive a Monetary Determination of Eligibility by a message on the homepage of your Uplink account ( see figure below). Receiving this notice does not guarantee that you will receive benefits; however, you must read the notice careful ly. Make sure the information on the front and back are correct because this information will be used in determining your eligibility for benefits. Check the following information on your Monetary Determination of Eligibility : Ł Are your name and address correct? Ł Is your Social Security Number correct? Ł Are wages listed under your name? Ł Are the employers listed correctly and completely? Ł Are the wage amounts correct? Ł Do wages appear that are not yours? 11 Contact DWD immediately if any of the information is incorrect on your Monetary Determination of Eligibility. Remember Šyou only have 10 days to request corrections to this information. You will be held responsible for any overpayment if benefits were paid to you based upon incorrect informatio n. Call DWD toll -free at 1 -800 -891 -6499. If you are hearing impaired, please call us at 317 -232-7560.
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