Unemployment Benefits

Authored By: Lagniappe Law Lab
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About Unemployment Benefits

Unemployment benefits in Louisiana help workers who lose jobs not by choice. These benefits assist those who meet state eligibility rules. The questions below address common concerns about unemployment benefits. They provide a guide for understanding the benefits process.

What You Need To Know

In Louisiana, the Louisiana Workforce Commission (LWC) manages unemployment benefits. It oversees the state's program, processes claims, checks eligibility, and pays benefits. Moreover, the LWC offers job search help, career advice, and training programs. It follows state and federal laws to run the program well. This supports both jobless workers and the broader economy.

In Louisiana, unemployment benefits may take time to start. The delay depends on claim volume and verification needs. Usually, benefits begin within two to three weeks after applying.

There is a one-week waiting period before payments start. This waiting week is unpaid.

This timeframe is an estimate. Individual factors can cause delays. For example, if your claim needs more review, it may take longer.

In Louisiana, unemployment benefits depend on state rules and federal guidelines. To qualify, you must meet these criteria:

  1. You need to have worked in Louisiana during the base period. You must earn a minimum wage amount during that time.

  2. You must be jobless without any fault of your own. This usually means layoffs or downsizing. If you are fired for misconduct or quit without a good reason, you may not qualify.

  3. You must be able and ready to work. You need to actively seek jobs each week.

  4. You must register with the LWC. You can be exempt due to job loss or approved training.

  5. When applying, you must have legal authorization to work in the U.S. and show proof.

Specific situations like part-time work or labor disputes can affect your eligibility. The Louisiana Workforce Commission conducts in-depth examinations of each claim. If denied, you can appeal and provide more information.

Your eligibility for unemployment benefits depends on how you left your job.

If You Got Fired

If fired, you may qualify for benefits based on the reason. You may qualify if your employer lets you go for downsizing. But if you got fired for misconduct or poor performance, you probably do not qualify.

If you quit your job.

It's harder to get benefits if you quit, but it's possible. You need to show you had a good reason to leave. A "good cause" means a reasonable person would also have quit. Examples include unsafe work conditions. They also include major changes to your job. Or, needing to leave due to illness without employer support.

In Louisiana, part-time employment does not bar receipt of unemployment benefits. But it can reduce how much you get. Here's how part-time work can impact your eligibility and benefit amount:

Reporting Earnings

  • You must report all part-time earnings during your weekly unemployment certification. This includes income from self-employment and any work done, even if unpaid.
  • Report your gross earnings for the week in which you earned the money. This is before taxes and other deductions, not when you received payment.

Calculation of Benefits

  • The Louisiana Workforce Commission will find the difference. It is between your part-time earnings and your full benefits. They will use this to calculate your partial benefit amount.
  • Deductions are common. They will deduct part of your earnings from your weekly benefit. The formula for this deduction can vary. So, it's essential to check the current rules with the Louisiana Workforce Commission.

Earnings Threshold and Disqualification

  • There's usually a threshold for how much you can earn. You can earn this much and still qualify for partial benefits. If your earnings exceed this threshold, you may not be eligible for benefits for that week.
  • If you get full-time work, you will lose unemployment benefits. You must stop claiming them.

Self-employed people in Louisiana usually cannot get unemployment benefits.

Self-employed workers and freelancers are ineligible for these benefits. Employer taxes fund unemployment insurance. Self-employed individuals do not pay these taxes as employees do.

The federal government launched the Pandemic Unemployment Assistance (PUA) program during COVID-19. This program offered short-term benefits to self-employed individuals and gig workers. It helped those who lost income due to the pandemic. This was a big change from the usual rules.

In Louisiana, your unemployment benefits depend on your earnings during a specific time. The base period is the term used for this time. This period involves the first four of the last five quarters before you claim benefits.

Define the base period as our starting point. For example, if you file a claim in October 2023, your base period spans from July 1, 2022, to June 30, 2023.

The Louisiana Workforce Commission (LWC) reviews your base period wages to find your weekly benefit amount (WBA).

Then, they apply a formula. It considers your earnings, especially from the highest-paid quarter, to determine your WBA. The aim is to supplement your diminished earnings.

Benefit limits receive updates that set maximum and minimum amounts.

In Louisiana, you can receive unemployment benefits for up to 26 weeks. This period is within a 12-month benefit year from your claim date. The duration can change based on the state's unemployment rate and possible extensions.

During high unemployment, there may be extra weeks of benefits. For instance, federal programs extended benefits during the COVID-19 pandemic. These extensions depend on laws and funding.

To get full benefits, you must follow Louisiana's rules. This includes looking for work and taking suitable jobs. The Louisiana Workforce Commission will tell you about your benefits once they process your claim.

For the latest benefits and extensions, visit the Louisiana Workforce Commission website. Policies can change based on economic conditions or laws.

In Louisiana, you claim your weekly unemployment benefits by certifying your eligibility. You do this for each week that you're unemployed and wish to get benefits. This process is also referred to as filing a weekly claim or weekly certification.

Here's how to claim your weekly unemployment benefits in Louisiana:

Online

The best way to claim your weekly benefits is on the Louisiana Workforce Commission's (LWC) website. It's called HiRE (Helping Individuals Reach Employment). You can access it at www.laworks.net. To file your weekly claim online, you will need to:

  • Log in to your HiRE account. If you do not have an account, you will need to create one by following the instructions on the website.

  • Go to the Unemployment Services section. Then, choose the option to file your weekly claim.

  • Answer the questions for the week you are claiming. The questions usually address topics such as:

    • Your job status.

    • Any income you have.

    • And your availability for work.

By Phone

You can also claim your weekly benefits. You can do this by calling the Louisiana Workforce Commission Claim Center. Or, you can use the Interactive Voice Response (IVR) system at 1-866-783-5567. When calling, follow the prompts to file your weekly claim.

If you get a job while on unemployment, follow these steps to avoid issues with your claim:

  1. Stop Benefits

    • Once you start working full-time, stop claiming benefits. These benefits serve individuals without jobs or with limited working hours.

  2. Report Your Job

    • Even if you start in the middle of a week, report your earnings and start date.

  3. Part-Time or Temporary Work

    • If you have a part-time or temporary job, keep filing, but report your earnings. Your benefits will adjust.

  4. Keep Records

    • Save job search, job offer, and start date records.

  5. Check for overpayments.

    • Alert the office immediately about any overpayment resulting from delayed job reports.

  6. Apply again as necessary.

    • If your new job ends and you're unemployed again, you might reapply, depending on your benefits.

In Louisiana, claimants seek employment opportunities to qualify for unemployment benefits. They need to document their job search efforts each week.

Key components of job search requirements include:

  1. Active Job Search

  2. Documentation of Job Search Efforts

    • Keep records of job search activities, including dates, employer names, and contact methods.

    • The LWC may ask to see these records at any time. Not providing them can lead to denied benefits.

  3. Registration with the Louisiana Workforce Commission

    • Claimants must register at the HiRE website unless they are exempt.

    • This includes creating a job seeker profile to match with jobs.

  4. Participation in Reemployment Services

    • If chosen, you must join LWC reemployment services, such as workshops or training.

    • Participation is mandatory, and not attending can impact benefits.

  5. Availability and Willingness to Work

    • You must be ready and willing to accept suitable jobs.

    • Refusing a job without a good reason can affect your benefits.

These requirements help unemployed people find work faster. You must follow these rules. You must keep accurate job search records while claiming benefits.

If you receive unemployment benefits, you must accept suitable jobs. But you can refuse some job offers. "Suitable employment" considers your work experience, pay, and commute distance. Over time, you may need to accept jobs that differ more from your last one.

Factors for Suitable Employment

  • Pay and Conditions: Suitable jobs usually match your previous pay and conditions. If you're unemployed longer, you might consider lower-paying jobs.

  • Skill Level and Experience: Jobs needing similar skills are suitable. You may also need to look at lower-skilled positions over time.

  • Distance: Job location is important. Local standards dictate a manageable travel time to work.

Refusing a job offer

  • Justifiable Reasons: You can refuse jobs that aren't suitable. Reasons include much lower pay, unsafe conditions, or long commutes.

  • Report refusals. Do this when claiming benefits. You might need to explain why.

Consequences of Refusing Suitable Employment

  • Benefits Impact: Refusing suitable jobs without good reasons can lead to losing benefits. The agency will determine if you have a justifiable reason for refusing.

How To File For Unemployment Benefits

How To File For Unemployment Benefits

To apply for and file a claim for unemployment benefits in Louisiana, you can follow these steps. Specific details might change. So, it's good to check the Louisiana Workforce Commission (LWC) website or contact them.

Steps To File An Unemployment Benefits Claim

Before applying, ensure you meet the eligibility requirements for unemployment benefits in Louisiana. You should be jobless through no fault of your own. You must be able and available for work. You also need to meet the state's earnings or work rules.

  • You must not have a job or have only a part-time job. It must be due to reasons beyond your control, like layoffs, business closures, or big cuts in work hours.

  • You must be able to work and be ready for employment. You must have no big obstacles. These include a lack of transportation or childcare. They stop you from taking a job offer.

  • You should meet the state's minimum earnings requirement. It is usually based on your wages during the "base period." The base period is usually the first four of the last five completed calendar quarters. They are before your claim.

Before filing your claim, gather all the necessary information to streamline the process. This usually includes:

  • Your Social Security number

  • Your driver’s license or state ID number

  • Your complete mailing address and phone number.

  • Your employment history should include details about each of your employers. It should cover the past 18 months. It should include their contact information, your job titles, and dates of employment. This information helps determine your eligibility and weekly benefit amount.

  • Be ready to explain the circumstances of your unemployment. Documentation, such as a separation letter from your employer, can be helpful.

  • If you choose direct deposit, have your bank account and routing numbers ready.

The application process is your formal request for benefits. Verify claim details to prevent processing errors. You can apply for unemployment benefits in Louisiana in two ways. You can apply online through the Louisiana Workforce Commission's (LCW) HiRE website. Or, you can apply by phone at 1-866-783-5567. The online method is generally more convenient and is available 24/7.

Online Application:

  • Go to the LWC HiRE website.

  • Create an account or log in if you already have one.

  • Complete the application form with the required information.

Phone Application:

  • Call the LWC’s toll-free number at 1-866-783-5567. Please be aware that wait times can vary, and service hours might be limited.

You must submit weekly claims to get benefits. Do this once the LCW approves your application. Each week you must certify that you're still unemployed and meet eligibility requirements. This involves reporting any income earned, job offers, or any work refusals each week. Failing to file these claims can result in a delay or loss of benefits.

Certification Process:

You can usually certify online. Use the same portal where you applied for benefits. Or, certify by phone. Give truthful answers to every single question. The questions are about your employment status, any earnings, and your job search.

To keep getting unemployment benefits in Louisiana, you must hunt for work. You also must track your job search. Each week, you must make a good-faith effort to find work. Keep a detailed record of your job search. It should include employer contacts and dates. You may need to give this information to the LWC

Stay attentive to any communication from the LWC:

  • You may get requests for more information about your claim. Take prompt action to prevent disruptions to your benefits.

  • Interviews or reviews may ask you to take part. They assess your eligibility or job search efforts. Treat these as mandatory to maintain your benefits.

Other Issues To Consider

Other Issues To Consider

These are some of the other issues and questions to consider. You face them when you are navigating unemployment benefits in Louisiana. 

Other Issues To Consider

If the Louisiana Workforce Commission (LWC) denies your unemployment claim, you can appeal. This allows you to contest the denial and prove your eligibility.

Here are the steps to navigate the appeals process:

  1. Review the Denial Notice. Read it to understand the reasons for your denial and how to file an appeal.

  2. File an appeal within 15 days of the notice date. You can file online, by mail, or by fax.

  3. Prepare for your hearing. After filing, you'll get a hearing notice with details. Gather necessary documents and evidence. Consider seeking legal advice or representation.

  4. Appear at the hearing, offer your proof, and state your case. The employer may also contest your claim.

  5. Wait for the decision. The referee or judge will decide based on the evidence. You'll get a written decision by mail.

  6. Further Appeals: If denied, you can appeal again within the LWC or to a court. The decision letter will explain how and when to appeal.

Appealing is important if you think the denial is wrong.

For more information, see Unemployment Benefits Appeals

You can file an appeal to a decision about your unemployment benefits determination. This guide clarifies the appeal process.

First, understand the process. Review the LWC's decision notice. Note the appeal deadline, usually a few days after you receive the decision.

Next, file the appeal. Submit a written notice to the LWC. Include your details, the decision, and why you disagree. You can file online, by mail, or by fax.

Then, get ready for the hearing. Collect evidence and consider witnesses. Review the hearing's rules, which the LWC or tribunal will provide.

Attend the hearing on time. State your position in a straightforward and sincere manner. Be ready to answer questions.

After the hearing, you'll get a decision in writing. If it's in your favor, your benefits will increase.

If you still disagree, you can appeal to the Board of Review or a court. The LWC's decision notice will guide you.

Follow deadlines, and LWC instructions, and present your case well. Seek legal aid or an experienced employment attorney if needed. For more information, see Finding and Hiring a Lawyer

For more information, see Unemployment Benefits Appeals

Receiving an overpayment notice of unemployment benefits has serious consequences. Take immediate action to prevent penalties and issues. Here's what to expect and what to do:

  1. You must return the overpaid amount to the state unemployment agency. It doesn't matter whose fault the overpayment is.

  2. You might face extra fees for false information or underreporting. This refers to penalties and interest.

  3. Future Benefit Reduction: The state can deduct from your future benefits. They can do this until you've repaid.

  4. Not paying has legal consequences. It could lead to wage garnishment, tax refund seizure, or property liens. Fraud cases might result in fines or prison.

  5. Overpayments in collections could hurt your credit. This can make loans, credit cards, or housing harder to get.

If you receive an overpayment notice, take these steps:

  • Review the notice. Know the amount, the reason, and how to repay.

  • Contact the Louisiana Workforce Commission (LCW) right away. Do this if you find an error or have questions. You can appeal if you disagree or can't afford to pay. For more information, see Unemployment Benefits Appeals

  • Discuss a repayment plan with the LWC if needed.

  • Keep records of all your interactions, payments, and other related activities.

During disasters like hurricanes or floods, Louisiana may start special programs. These programs help workers who have lost their jobs due to the disaster. They might not qualify for regular unemployment benefits.

Disaster Unemployment Assistance (DUA)

  • DUA may provide help if they declare the area eligible for federal assistance. DUA assists those who lost jobs or cannot work because of the disaster. It is for people who do not qualify for regular unemployment benefits.

  • Eligibility: This includes self-employed people, farmers, and dockworkers affected by the disaster.

  • Application Period: Submit your application immediately after the program is announced.

  • For more information, see Disaster Unemployment Assistance (DUA)

Regular Unemployment Insurance

  • Eligibility Expansion: After a disaster, benefits criteria may relax. You might not need to look for work if you are unable to because of the disaster.

  • File your claim as soon as possible, even if the offices are closed. You can often do this online or by phone.

Extended Benefits

  • Temporary Extensions: Sometimes, the duration of benefits may be extended during disasters. This gives more financial support while people recover.

Unemployment benefits are taxable in Louisiana and at the federal level. You must report the money. It's from unemployment insurance and on your tax returns.

Federal Taxes

  • You can choose to have 10% of your unemployment benefits withheld for federal income tax. To choose withholding, fill out IRS Form W-4V, Voluntary Withholding Request. Then, submit it to the agency handling your unemployment compensation.

  • You should get a Form 1099-G from the Louisiana Workforce Commission. Or, you'll get it from whichever state agency paid your unemployment benefits. It should arrive by January 31 of the next year. This form will show the total unemployment compensation paid to you last year. It will also show any federal tax withheld.

State taxes in Louisiana

  • Louisiana requires you to report unemployment benefits as income. You must include this on your state tax return. The withholding and reporting process is like federal taxes. However, details and forms may differ.

  • Tax Forms and Filings: You'll use the same Form 1099-G to report state income taxes in Louisiana. Include unemployment benefits when filing your state tax return.

Planning for Taxes

  • Opt for tax withholding or face quarterly estimated payments. This choice helps sidestep year-end surprises: hefty bills and possible penalties. Unemployment benefits, though taxable, offer flexibility in how you manage your tax obligations.

  • Unemployment benefits can shift your tax situation. They count as taxable income. This might change your bracket and eligibility for deductions or credits. Check how these benefits impact your total income when filing. This analysis will help determine your tax liability or refund amount. Prepare in advance to evade unexpected tax season outcomes.

Accurate tax management is crucial when receiving unemployment benefits. If you're unsure how to proceed or need tax planning and filing help, ask a tax professional. You can also use reputable tax prep software. 

For more information, see Tax Relief After A Disaster

 

Yes, you can keep getting unemployment benefits if you move from Louisiana. But you must take specific steps to stay eligible and avoid interruptions. Here's what to do:

  1. Update Your Address: Notify the Louisiana Workforce Commission (LWC) of your new address. Access your LWC account or reach out to them. This ensures you receive important notices.

  1. After moving, register with the new state's workforce agency. This shows that job search efforts are underway.

  1. Keep Filing Weekly Claims: Continue filing claims with Louisiana. You must report job searches and any earnings.

  1. Understand Job Search Requirements: Keep looking for work. Meet Louisiana's job search rules and be ready to show your efforts.

  1. Consider the impact on eligibility. Accepting a job or refusing offers can cut benefits. If you start working in the new state, report your earnings.

  1. Stay in touch with the LWC: Keep communication open with the LWC. Provide swift responses to their requests, preventing potential issues.

Moving out of state while on benefits needs careful attention to meet both states' rules.

Last Review and Update: Jul 22, 2024
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