How long do you have to work to get unemployment in tn

Unemployment Compensation in Tennessee

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One of the areas where we get questions in our law firm is about unemployment compensation.  The first thing to know is that unemployment rules are created by the state.  This means that Tennessee's rules may be different than those in Arkansas or Mississippi.  We are only licensed in Tennessee and so can only provide information about Tennessee unemployment laws.  The process for applying for unemployment compensation in Tennessee (and answering it for employers) is all on-line now.  The application process can be started here.

Can I get unemployment compensation?

In Tennessee you are generally going to be able to draw unemployment compensation unless you (a) are unable to work, (b) voluntarily quit or (c) did something to cause yourself to get fired.  These are what are known as disqualifying events.  The statute setting these out can be found here.

The first disqualifying event is self-explanatory.  If you have some medical condition that caused you to lose your job, you may be required to provide a medical certification that you are now able to work.  If you are not able to work, you are not able to draw unemployment compensation.

The second disqualifying event is also pretty self-explanatory, but sometimes does cause people some confusion.  It is not the case that if you quit for any reason you are disqualified from receiving unemployment compensation.  Rather, the standard in the law is that you "voluntarily quit without good cause connected with the work."  What this means is that if your employer did something that caused you to quit (and it is determined to be a "good cause" to quit), then you can still draw your unemployment compensation.  If you quit because you didn't like the work or the employer was doing something that the employer had a legal right to do, then you are disqualified.

The third reason is where we see most of the disputes about unemployment compensation.  The standard set down in the statute is whether the employee "engaged in intentional work-related misconduct."  This means that the employee did (or did not do) something that caused him or her to get fired.  Unlike other areas of employment law, the employer bears the burden of proving that there was a thing that the employee knew about (or should have known about - think about smoking in a dynamite factory) and did anyway knowing that it should not have been done.  If the employer can prove that, then the employee is disqualified from receiveing benefits.

Who decides if I get unemployment compensation?

The State of Tennessee Department of Labor and Workforce Development Unemployment Compensation division (that's a mouthful) makes the decision.  A number of people believe that the employer somehow "stops" them from drawing unemployment compensation.  That is impossible.  Both the employer and employee submit information to the Department of Labor and the Department makes the decision.

What if I disagree with their decision?

If either the employer or employee is unhappy with the Initial Determination, it can be appealed to the Appeals Tribunal for a de novo review.  A de novo review simply means that the Appeals Tribunal makes a decision without any presumption that the earlier Initial Determination is correct.  At this stage you may want to at least consult a lawyer.  Prior to this point there is not much a lawyer can do to help.  However, at this point you are going to have a hearing before a hearing officer and while it is not complicated (the rules of evidence on loosely apply), there are some important legal issues that you will want to be aware of before going into the hearing.

The Appeals Tribunal hearing is what I would call your last free bite at the apple.  There are appeal rights after this, but each one gets progressively more difficult with a more difficult standard of review and a diminished chance of success.

What can I get?

In Tennessee, your general benefit amount is based on your wages and is capped at $275.00 per week for 26 weeks.  With the outbreak of COVID-19, unemployment benefits will be made available to business owners, independent contractors and the self-employed.  Also, you may be eligible to receive an additional $600 per week for up to 4 months and unemployment benefits for a total of 39 weeks.

Tennessee Unemployment Eligibility

There are certain requirements that you must meet before you can receive Tennessee Unemployment Insurance benefits. Among these are the following:

Non Monetary Eligibility

1. You must be totally or partially unemployed through no fault of your own and be approved for benefits
2. You must be physically able to work at the time you file your first claim.
3. You must be available to accept suitable work offered to you
4. After filing your claim, you must serve one week of waiting for which no payment is made. You will be paid for your waiting week if and when you have certified and been eligible for benefits in your waiting week and in each of the three consecutive weeks immediately following your waiting week
5. Each week, you must report the gross amount of any money you have earned during that week, even if you are not paid until later

Monetary Eligibility

1. You must have worked in employment that is covered by Unemployment Insurance and have qualifying wages in the base period.
2. You must have earned enough wages at your work to qualify for benefits
3. The claimant’s earnings outside the highest quarter in the claimant’s base period must be equal or greater than the lesser of six (6) times the claimant’s WBA or $900. A claimant’s maximum benefit amount is the lesser of 1/4 the claimant’s base period wages or 26 times the claimant’s WBA

Eligibility Questions

Can I get unemployment if I am fired?

Unemployment benefits can only be given to people who have lost their job involuntarily through no fault of their own. This means that the individual was fired due to structural changes in the company rather than because the individual did not perform his duties effectively. Generally, if the employee’s former position was eliminated and a replacement was not hired, then the employee was fired through no fault of his own and he is eligible for benefits.

Generally, you should apply for benefits as soon as he has been fired, as there is nothing to gain from waiting.

Can I draw unemployment if I am laid off?

Usually, in Tennessee you have to become unemployed through no fault of your own in order to collect unemployment. When you get laid-off, it is not your fault.

In almost all cases, this means that if you get laid-off, you are entitled to receive unemployment benefits.

If you get laid-off from your job, you should apply for unemployment benefits without delay.

Getting laid-off doesn’t mean that you did something wrong. It simply means that your company did not have enough work for you to do and could no longer afford to pay for the job.

Can I obtain unemployment if I quit?

Technically, if you quit your job, the Tennessee Department of Labor and Workforce Development’s regulations prevent you from obtaining unemployment. However, if you can prove that the reason you quit can be attributed to your employer, it’s possible to win an unemployment appeal. This could include situations where your employer made it difficult for you to continue working or violated labor laws.

You can be eligible for unemployment benefits if you can provide concrete evidence that supports your claim. This may include written communication from your employer or supervisor. You might also consider using photographic evidence or notarized witness statements. The more evidence you can provide, the more likely you will win your benefits.

Who is eligible for federal extension benefits?

Federal extension benefits are designed to provide further income support to eligible unemployed workers who have been out of work for a long period of time. The current legislation made December 23, 2012, the deadline for filing a first federal extension of benefits, once a regular UI claim runs out. The deadline for filing a second or third federal extension of benefits was also December 23, 2012, once the prior level of extension runs out.

More Questions?? —-> Read Eligibility Q & A Section
Want to know about how much you will receive?? —–>Calculate your benefits here

What are the requirements to draw unemployment in Tennessee?

Is there a waiting period for unemployment in Tennessee?

Can you draw unemployment if you are fired in Tennessee?

Can I collect unemployment if I quit?