Virginia Unemployment Eligibility
In Virginia, to be eligible for Virginia unemployment benefits, a worker must be:
- separated from employment due to a lay off
- able to work (having the physical and mental ability to work)
- available to work (not working another job, etc.)
Separation From Work
The employer is responsible for producing evidence to prove that a worker quit a job voluntarily. If the employer is successful in showing that the worker left voluntarily rather than being laid off, the duty shifts to the worker to show that there was good cause for the worker to leave.
If a worker is fired and there is a good reason for the termination, unemployment benefits are usually not available. Again, the employer will have to prove that there was a good reason for the termination.
If the worker quits rather than risking being fired, unemployment benefits are usually not available. This is because the worker is voluntarily leaving employment AND there may have been good cause for a termination.
Ability to Work: Virginia Unemployment Benefits
If a worker has the ability to work, they will usually not have physical or mental impairments or limitations that would keep them from working a job. This doesn’t necessarily mean though that a worker with a permanent handicap is not eligible for unemployment.
Even a handicap that significantly restricts the type of work a worker can perform is subject to an eligibility test. The test for establishing a worker’s ability to work includes:
- a review of the worker’s past work history to see if his handicap would prevent him from doing past work
- determining whether the worker is willing to work under the same conditions as before
Workers with temporary health conditions affecting their ability to work are evaluated on a case by case basis. Claims examiners will review medical statements that the worker get from their medical provider. An example of this situation is pregnancy. Pregnancy is not automatically considered an inability to work.
Availability to Work
The term “available to work” in Virginia Unemployment means that a worker is willing to accept any suitable work offered to him without limiting work options with any restrictions or conditions. If a worker is restrictive in the conditions of the work or willingness to work under certain circumstances, then that worker is not available to work according to the Virginia Employment Commission.
Talk With A Virginia Unemployment Lawyer
There are many Virginia lawyers who have a general law practice. Many of these lawyers have experience handling wills, divorces, speeding tickets, and other minor legal matters. But, most of those lawyers have not had experience winning Virginia unemployment cases. That’s what makes us different. At the Ritchie Law Firm, we have a team of lawyers who have the experience of handling Virginia unemployment cases and WINNING.
If you have been denied Virginia unemployment benefits, our team will review your denial for FREE. Then, with no obligation and NO STRINGS ATTACHED, we’ll tell you our game plan for winning your case.
If you want your Virginia unemployment case handled by a team of lawyers trained to handle this difficult area of the law that few lawyers know the first thing about, your search is over. Whatever stage of applying for benefits you are in, we are happy to help. Give us some details about your case below:
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