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Requirements for Receiving Hawaii Unemployment Benefits
How can I qualify for Hawaii Unemployment Insurance Benefits?
1) You must have been paid wages for insured work in at least two quarters in your base period.
2) You must have worked and been paid wages for insured work during your base period of at least 26 times your weekly benefit amount.
3) If you are applying for a new claim immediately after a prior claim expires, then you must also have worked after the start of your prior benefit year and been paid wages for insured work of at least five times the weekly benefit amount on your new claim.
What is the Base Period?
The standard base period is the first 4 of the last 5 completed calendar quarters at the time you file your claim for unemployment benefits.
In addition to a Hawaii valid claim, you must also meet other conditions before you can be paid unemployment compensation benefits:
1) Must be Unemployed. You are totally unemployed if you are separated from a regular job,
perform no work, and no wages are payable to you. However, you may also be eligible for
benefits if you work part-time, or work less than your full-time hours, and earn less than your
weekly benefit amount. (See sections on Partial Claims and Part-Total Claims.) You are
considered not unemployed if you work full-time hours or receive Temporary Disability Insurance benefits.
2) File an Application for Unemployment Insurance Benefits. Your claim will be effective only from the week you apply.
3) File Claim Certifications. You must file timely claim certifications for each week that you are unemployed and for which you wish to receive unemployment benefits. See section on Filing
Weekly or Bi-Weekly Claim Certifications.
4) Register for Work with the State Workforce Development Division (WDD). You must be
registered with WDD within 7 calendar days after the date you applied for unemployment benefits and you must post an online resume in HireNet Hawaii, WDD’s internet job matching system at http://www.hirenethawaii.com/. You must also keep your resume active by reviewing and updating your resume throughout your period of unemployment. Failure to follow this requirement may result in a denial of benefits. You must also report to or contact the WDD office when instructed.
5) Able to Work. You must be physically and mentally able to work. If you are disabled and cannot perform the usual duties of your customary occupation, you may still be considered to be able to work if:
a) You are reasonably fitted for other work that you can still perform, and
b) You are willing to accept such other work, and
c) Such work exists in your labor market area.
6) Available for Work. You must be ready and willing to seek and accept work that you are
reasonable fitted for by training or experience without any undue restrictions.
You must have definite arrangements for the care of family members you are responsible for,
have adequate transportation, etc., so that you can start working when offered a job. You must
notify your local claims office of any changes in your availability for work such as loss of childcare, going to school, taking a trip, illness, etc. If you are not willing to accept the wages, hours, or working conditions that are prevailing or customary for your occupation, or you will not work in the area where there is a reasonable demand for your services, you may be denied benefits for being too restrictive and eliminating a major portion of the labor market. The longer you are unemployed, the more you will be expected to lower your wage demands, increase your work search efforts, and accept alternative employment to increase your chances of finding work.
You are required to make 3 job contacts or more every week. You should do all you can to
find a job by applying for work in-person, answering help wanted ads, submitting resumes and
applications with personnel offices, checking job listings regularly at the State Workforce
Development Division or in HireNet Hawaii, taking civil service examinations for government jobs, attending job fairs, and using any other method that a person in your occupation normally uses to find employment.
You are also required to keep a record of all your job contacts
Disqualification
Even though you meet the eligibility requirements, you may be disqualified from receiving Hawaii Unemployment benefits for the reasons below. If you are disqualified, you will receive a written notice in the mail called a “Notice of Decision on Unemployment Insurance Claim.”
1) Voluntary Quit without Good Cause. A “voluntary quit” occurs when you initiate your job
separation and, therefore, have the burden of proof to present sufficient facts to show good cause
for leaving work. “Good cause” means that there is a real, substantial, or compelling reason, or a
reason that would cause a reasonable and prudent worker, genuinely and sincerely desirous of
maintaining employment, to take similar action. Such a worker is expected to try reasonable
alternatives before terminating the employment relationship.
▪Disqualification is until you have been paid wages in covered employment of five times your
weekly benefit amount after the week in which you separated from work.
2) Discharge or Suspension for Misconduct Connected with Work. In a discharge or
suspension, the employer is the moving party and therefore has the burden of proof to show that
your actions or omissions should be considered misconduct connected with your work. To be
considered misconduct, there must be a deliberate violation or disregard of the duties,
responsibilities, or standards of behavior that an employer has a right to expect from an
employee, or carelessness or negligence of such seriousness or repetition as to show wrongful
intent or evil design.
▪Disqualification is until you have been paid wages in covered employment of five times your
weekly benefit amount after the week in which you separated from work.
▪For a suspension, you will be disqualified from one to four weeks immediately following the week of suspension.
3) Failure to Accept Suitable Work without Good Cause. Failure to accept suitable work includes the refusal of a job offer from an employer, or the failure to report to work after accepting a job offer, or the failure to accept a referral from the Workforce Development Division. Whether the work is suitable depends on your prior work experience, skills, prior earnings, prospects for reemployment, and the degree of risk to your health, safety, or morals. You must report all refusal of work or referral to your local claims office.
▪Disqualification is until you have been paid wages of five times your weekly benefit amount after your failure to accept suitable work.
4) Not Able and/or Not Available for Work. If you are physically not able to work and the medical waiver does not apply or not available for work, you are not entitled to receive benefits until these conditions no longer exist. Ineligibility may result from illness, disability, restrictions on wages, hours, and days of work, failure to make an active search for work, etc. If you are attached to an employer (partial or part-total claims), you may be denied benefits if you decline to accept all work offered by your employer.
Appeal Rights
If you are denied benefits and disagree with the “Notice of Decision on Unemployment Insurance Claim”, you may request a reconsideration of the decision or file an appeal to the Employment Security Appeals Referees Office (ESARO).
Your request for reconsideration or appeal must be in writing and filed within ten (10) calendar days after the determination or redetermination was mailed to you. The ESARO may extend the period for filing an appeal to 30 calendar days if you have good cause for the late filing.
We will file your appeal for you at no charge - Contact the Unemployment Help center using the form below or call us at 610-972-6610
PROTECT YOUR RIGHTS TO Hawaii Unemployment Compensation and contact us today for a free consultation