Individuals employed by any educational institution in any capacity cannot be paid benefits based on such services for any week of unemployment which begins during the period between two regular academic years or terms, if they performed such services in the first of such years or terms and have a contract to perform or there is a reasonable assurance that they will perform such services in the second of such years or terms. With respect to the foregoing services, individuals cannot be paid for any week of unemployment beginning during an established and customary vacation period or holiday recess if such individual performed services in the period immediately before and there is a reasonable assurance that they will perform services in the period immediately after such a vacation period or recess.
Professional athletes are not entitled to payment of benefits on the basis of services, substantially all of which consist of participating in sports or are between two successive sport seasons (or similar periods) and they performed those services in the first of such seasons and there is reasonable assurance that they will perform those services in the latter of such seasons.
Benefits are not payable on the basis of services performed by an alien unless the alien was lawfully admitted to the United States for permanent residence at the time such services were performed, was lawfully present for purposes of performing such services, or was permanently living in the United States under color of law at the time such services were performed.
No. While an individual must be both able to and available for work in order to be eligible for benefits, the law provides that benefits shall not be denied to an individual solely on the basis of pregnancy or termination of pregnancy.
The law provides a disqualification preventing the claimant from receiving unemployment insurance on account of the claimant's stoppage of work because of a labor dispute where the claimant was last employed or if the claimant quit the last job to go to school. Other disqualifications and penalties are applied as a result of misrepresentation or fraud.
Individuals shall be disqualified for benefits if they were involved in the sale of a corporation while an officer and a majority or controlling shareholder of that corporation. This also applies if the individual was a limited or general partner in a limited or general partnership and was involved in the sale of the business; or was a sole proprietor and sold the business.
Payments may also be denied or reduced by the claimant's receipt of wages in lieu of notice, Workers' Compensation, wages from partial employment, and under certain conditions, receipt of vacation pay. Also, governmental or other pensions, retirement or retired pay, annuity, or any other similar periodic payment which is based on the previous work of the individual and which the individual receives after March 31, 1980, may cause a claimant's payments to be denied or reduced. Governmental payments include Federal civilian and military pensions, and also disability payments based on retirement from work due to a disability. The phrase ''based on the claimant's previous work'' is intended to distinguish those payments received by the claimant as a result of work as an employee for an employer from those which the person financed in his capacity as an individual.
The law also provides for the deduction of unpaid child support obligations based on a signed agreement between the claimant and the Department of Human Resources. The deduction is to be paid to the appropriate state or local child support enforcement agency.
Claimants must report gross earnings from any full-time, part-time, or temporary work; net profit from self-employment; vacation or holiday pay; and commissions. These earnings must be reported even though the claimant may not have yet received payment.
An overpayment is created when unemployment compensation benefits are received by an individual not legally entitled to such payment. An overpayment may be caused by a claimant error or may be intentional. There is no time limitation which prevents recording an overpayment that is detected or any set period of time when the overpayment can be removed from the record as uncollectible.
TUCA provides for administrative, civil action, and criminal penalties for fraudulent misrepresentation to obtain benefits as well as for recovery or recoupment of benefits improperly paid. It also provides penalties for fraudulent representation by an employing unit or any other person to prevent payment of benefits on legitimate claims or to reduce tax payments.
Penalties that may be assessed are fines of up to $4,000.00 and/or imprisonment of up to one year or both, forfeiture of benefits received and the right to benefits which remain in the claimant's benefit year.
TUCA is the legal basis for initiating a Civil Suit against a claimant for collection of past due benefits overpayments.