All UC programs have limited coverage that excludes many workers and job loss situations. For example, regular UC excludes religious, charitable, political, and domestic service jobs as well as “independent contractors” or “gig workers.” These are just examples of the many coverage exclusions. You must carefully read the relevant law and evaluate any possible misclassification of the client’s prior employment.
Federal law mandates some eligibility restrictions and gives states the option to impose others. In Louisiana, a covered unemployed person becomes eligible to receive UC by:
- making a proper claim;
- earning enough wages in a look-back “base period;”
- registering for work with the agency;
- being able to and available for work and conducting an active search for work;
- being unemployed for a 1-week waiting period;
- being a U.S. citizen or a noncitizen lawfully admitted for permanent residence; and
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being not otherwise disqualified
Some of these requirements repeatedly cause problems for clients, particularly in light of short appeal periods; the agency’s reliance on internet and overburdened phone systems, with very little help available for non-English speakers; and the agency’s systemic bias toward employers (i.e., if an employer and employee offer conflicting statements, the agency almost always accepts the employer’s version).