What disqualifies you for unemployment in Wisconsin?

In Wisconsin, several key factors can disqualify you from receiving unemployment benefits, primarily revolving around the circumstances of job separation and ongoing availability for work. Understanding these criteria is crucial for anyone considering applying for or currently receiving benefits.

Key Reasons for Unemployment Disqualification in Wisconsin

The Wisconsin Department of Workforce Development (DWD) outlines specific scenarios that can lead to disqualification from Unemployment Insurance (UI) benefits. These relate directly to how you left your last job and your willingness to accept new employment.

Voluntarily Leaving a Job Without Good Cause

If you quit your job, you may be disqualified from receiving UI benefits unless you can demonstrate "good cause related to your job." This means the reason for leaving must be directly connected to the work itself or the employer's actions, and not merely personal preference or dissatisfaction.

• Examples of Potential Good Cause (circumstance-dependent):
  • Unsafe working conditions.
  • Significant changes in job duties or terms of employment imposed by the employer without agreement.
  • Employer breach of the employment contract.
  • Workplace harassment or discrimination that the employer failed to address.
• Examples of Not Good Cause:
  • Dissatisfaction with wages or benefits (unless employer made a significant, unannounced change).
  • Personal reasons unrelated to the job (e.g., moving to another state for a spouse's job, childcare issues, unless specific exceptions apply).
  • General unhappiness with the work environment.

Fired for Misconduct or Substantial Fault

Being discharged from employment due to "misconduct" or "substantial fault" connected to your work can lead to disqualification. The DWD distinguishes between these two terms:

• Misconduct: This involves an intentional or deliberate violation of an employer's reasonable rules, or a deliberate disregard of standards of behavior the employer has a right to expect. It often implies a serious breach of duty or negligence.
  • Examples: Theft, insubordination, repeated unexcused absences, deliberate damage to property, serious safety violations, or dishonesty.
• Substantial Fault: This is a less severe standard than misconduct but still indicates a failing on the employee's part. It refers to an employee's behavior or performance that is not misconduct but is clearly contrary to the employer's interests and was reasonably within the employee's control. It often involves repeated failures after warnings.
  • Examples: Repeated poor performance despite warnings and attempts by the employer to help, frequent minor errors that cause significant issues, or chronic absenteeism/tardiness (if not severe enough to be misconduct).

Refusal of Suitable Work Without Good Cause

Once you've applied for and are receiving unemployment benefits, you are generally required to accept suitable work that is offered to you. Refusing suitable work without a valid reason can result in disqualification.

• What constitutes "suitable work" often considers:
  • The degree of risk to your health, safety, and morals.
  • Your physical fitness and prior training.
  • Your experience and prior earnings.
  • The length of your unemployment and the prospects for securing local work in your customary occupation.
  • The distance of the work from your residence.
• Examples of Potential Good Cause for Refusal:
  • The job offered is outside your physical or mental capabilities.
  • The wages offered are substantially less than the prevailing wage for similar work in the area, considering your experience.
  • The job requires skills you do not possess, and training is not provided.
  • The job site is unreasonably far from your home without adequate transportation.

Other Common Disqualifying Factors

Beyond the direct circumstances of job separation, other ongoing requirements must be met to remain eligible for UI benefits. Failure to meet these can also lead to disqualification.

• Not Actively Seeking Work: Claimants are generally required to conduct a reasonable search for work each week they claim benefits. Failure to do so can result in disqualification for those weeks.
• Not Able and Available for Work: You must be physically and mentally able to work and available for full-time work (or part-time if applicable). If you are sick, injured, or have personal commitments (e.g., vacation, childcare issues) that prevent you from accepting work, you may be disqualified for those weeks.
• Earning Excessive Wages: If you work part-time while receiving benefits, your weekly earnings might reduce or eliminate your benefit amount for that week. Earning above a certain threshold will disqualify you for benefits for that week.
• Failure to Meet Monetary Eligibility: To qualify for UI, you must have earned a certain amount of wages during a specific "base period" (typically the first four of the last five completed calendar quarters before you filed your claim). If you haven't earned enough, you won't be monetarily eligible.
• Receiving Certain Other Benefits: Receiving severance pay, retirement benefits, or worker's compensation for the same period may reduce or disqualify you from UI benefits.
• Making False Statements or Committing Fraud: Intentionally providing false information or withholding material facts to receive benefits you are not entitled to is fraud and leads to severe penalties, including disqualification, repayment, and potential legal action.
• Involvement in a Labor Dispute: If your unemployment is due to a direct involvement in a strike or other labor dispute at your workplace, you may be disqualified from receiving benefits for the duration of the dispute.

Summary of Disqualification Reasons

Important Considerations and Appeals

Each unemployment claim in Wisconsin is evaluated on its unique facts and circumstances. If you are denied benefits, you have the right to appeal the decision. It is essential to provide accurate and complete information throughout the application and appeals process. For the most current and detailed information, including specific definitions and appeal procedures, claimants should refer to the official resources provided by the Wisconsin Department of Workforce Development (DWD).