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Delaware Unemployment Eligibility

Delaware Unemployment Benefits

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Qualifying for Delaware unemployment benefits involves meeting several requirements. Some requirements are financial, while other requirements focus on your job history and the reason you became unemployed. There are also ongoing eligibility requirements to show that you’re willing and able to accept full-time work, and actively looking for work.

  • Monetary eligibility
  • Non-monetary eligibility
  • Ongoing eligibility

Monetary requirements

Your financial eligibility is determined by evaluating your earnings during the base period. The base period is the 1st four of the last five completed calendar quarters.

You can qualify for benefits if an insured employer paid you at least 36 times your weekly benefit amount during your base period. When calculating your benefits, your weekly benefit amount will equal 1/46 of your wages from the two quarters when you earned the most money in the base period.

The amount you get every week will be at least $20 and not more than $400 per week.

Number of weeks

The number of weeks you can receive benefits depends on your total wages during your base period. You can get a total amount of benefits equal to half of your base period wages or 26 times your weekly benefit amount, whichever is less. An unemployment extension be available during times of very high unemployment.

Benefit Year

Your benefit year starts on the Sunday of the first week when you file a claim that qualifies you for money. It lasts one year. If you use up all of your benefits from this state, you can’t get any more payments that year. After that benefit year ends, you might get more benefits if you’ve worked a new job and earned at least 10 times your new weekly benefit amount since your last benefit year started and meet other requirements.

Earnings Allowance

You can earn up to half of your weekly benefit amount without losing any of your weekly benefit payment. If you earn more than that, the extra gets taken out of your benefit, dollar for dollar. So, if your weekly benefit is $200, you can earn $100 in gross wages in a benefit week without losing any of your unemployment insurance benefit. If you earn more than $100, the extra amount gets taken out of your UI benefit, dollar for dollar.

Monetary Determination

After you apply for Delaware unemployment, the DOL will look at your past work and the money you earned.

You will receive a document that shows the names of your employers, how much you earned, and other details. This letter is called the monetary decision. This paper will tell you if you can get benefits, how much you’ll get each week, and for how long. This letter is not a guarantee of benefits – it only addresses whether you are monetarily eligible.

Non-monetary requirements

To qualify for Delaware unemployment insurance benefits, you must meet specific requirements.

Be unemployed through no fault of your own

You must be partially or completely out of work and not responsible for the loss of your job. If eligibility problems arise, such as the reason for leaving work, you won’t get benefits until the issue is fixed. If you file online, a questionnaire about your separation will be sent to you, and you must complete and return it to the division within 10 days of the mailing date.

Be able and available for work

You need to be capable of working and open to taking a job. If you become sick or disabled after filing your claim and are already receiving benefits, you can still get benefits unless you turn down a suitable job or work becomes available. If you keep claiming benefits after becoming sick or disabled, you must provide a doctor’s certificate and meet the program’s other requirements.

Be actively seeking work

You must actively look for work and record your new weekly contacts in the work search log found in your guide. Your work search log can be checked by the division at any time.

Be a United States citizen

To qualify for Delaware unemployment benefits, you must be a U.S. citizen or be legally authorized to work in the state of Delaware.

Ongoing eligibility requirements

Once your Delaware unemployment application is approved, there are many steps you need to take to maintain eligibility.

  • Register at DelawareJobs
  • Upload your resume to DelawareJobs and update it every 3 months
  • Certify for benefits every week
  • Perform a weekly work search activity
  • Report weekly earnings
  • Attend any trainings or meetings if requested
  • Respond with additional information if requested

Register at DelawareJobs

You must register for job search help with the Division of Employment and Training (DET) within three days of benefits approval. You must also upload your resume to the Delaware JobLink website and keep it current.

Attend any trainings or meetings if requested

If the Delaware DOL sends you to DET, you must immediately take part in any required registration process, testing, or job training. Failing to participate or refusing a reasonable job offer may result in a denial of unemployment benefits.

Respond with additional information if requested

If the local office instructs you to call them, make sure to do so at the specified date and time. If you can’t call at that time, contact them as soon as you can. Failing to call as instructed may lead to a denial of benefits.

Certify for benefits every week

Before you can collect your weekly benefit payment, you must certify your eligibility by filing a weekly claim. This can be done online or over the phone.

During the certification process, you will be asked to report any earnings for the week, and if you received any job offers. Be sure to provide honest and accurate information to avoid issues with Delaware unemployment fraud.

You must also complete your work search requirements and maintain a log of your job contacts. If you are unable to produce your work search log when requested, your benefits will be denied.

Reasons your benefits were denied

There are several reasons why your benefits can be denied.

Reasons for a denial of benefits can include:

  • If you do not file your weekly UI benefit payment as required.
  • If you are unable to work or are unavailable for work.
  • If you are discharged from your job for just cause in connection with your work – such as lateness, unexcused absences, or violation of company rules.
  • If you are unemployed due to a labor dispute.
  • If you are a school employee between academic years.
  • If you put undue restrictions on the type of work, the number of hours, or amount of pay that you are willing to accept.
  • If you are not separated from your employer.
  • If you fail to contact your local office as required.
  • If you have failed to actively seek work.
  • If you are enrolled in an educational program that limits your availability for work.
  • If you refuse to accept a job offer for which you are reasonably fitted and which pays the general rate for that type of work.
  • If you do not respond promptly to an inquiry from any unit within the Delaware DOL.
  • If you fail to participate in reemployment services.
  • If you quit your job voluntarily without good cause attributable to your work.
  • If you are unemployed because you are in jail.

Appeals

If you are denied benefits, you have the right to file an appeal. There are multiple levels to the appeal process. This means that if you disagree with the appeal decision, you can appeal again. You have 10 days to appeal from the date of the denial notice.

The first level of appeal is the Hearing Tribunal. You can present your case to an Appeals Referee. The next level of appeal is to go before the Unemployment Insurance Appeals Board (UIAB). If you disagree with the Board’s decision, the next step is to appeal to the Superior Court. The final step is appealing to the Delaware Supreme Court. At this stage of the process, you will need an employment lawyer to represent you.

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