How To Get Unemployment In Va

Few life events are more stressful than losing a job, especially when it is unexpected, and there is no new job lined up. Many current and potential clients are curious when Virginia employees are eligible to receive unemployment benefits.

Virginia Unemployment Eligibility

To collect unemployment benefits under Virginia law, there is a threshold requirement that you worked for the employer for at least 30 days, and for a minimum of 240 hours. There are several situations that will disqualify you for unemployment compensation in Virginia. If you voluntarily quit your job without good cause, you cannot collect unemployment. If you were discharged from your job as a result of misconduct, you cannot collect unemployment. If you refused suitable work and were fired as a result, you cannot collect unemployment. If you make a false statement to the Virginia Employment Commission while seeking benefits, or if you lose your job because you are incarcerated, you cannot collect unemployment payments.

What Types of Misconduct are Disqualifying for Unemployment Compensation?

To prove you engaged in misconduct and therefore avoid paying unemployment payments, an employer must show that a known policy or rule was violated. This can be tardiness, chronic absenteeism, or unauthorized absences. It applies to willful or deliberate violations of standards or rules that are in place for the employer. Intentional or misleading statements on employment applications related to criminal convictions can disqualify you from collecting unemployment. Failing a drug test, or testing positive for any non-prescribed, illegal drug, can result in denial of unemployment. Finally, if you are paid severance upon termination, you will be disqualified from unemployment benefits during the week the payment is made.

Employer Requirements

All Virginia employers are required to post and maintain posters which are related to unemployment insurance furnished by the Commission, and the information must be posted in an area readily accessible to employees. Employers cannot enter into agreements with employees which waive, release, or commute any rights or benefits an employee has to receive unemployment compensation. Employers are also prohibited under the statute from making, requiring, or accepting any deduction from an employee's wages to finance the employer's taxes obligations. If an employer violates any part of the provisions under the statute, then the employer is guilty of a Class 1 misdemeanor.

How Much and How Long?

At the end of the day, this is the question most people seeking unemployment are concerned with: what is the amount of the benefit, and how long can it be collected for? If you are eligible for unemployment compensation, the amount will be based on your earnings in the two quarters of the base period in which you were paid the most. The maximum weekly unemployment benefit in Virginia is $378 per week. The lowest amount a person can receive in unemployment benefits is $60 per week. Unemployment benefits are available for a maximum of 26 weeks (six months). Historically, in times of economic crisis or high unemployment, federal and state programs make additional weeks available.

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All Virginians have the right to work for fair wages, with as few restrictions as possible. Download our free printable 8 page Glossary & Pocket Guide to Virginia Employment Law and learn about your rights: