UTAH DEPARTMENT OF WORKFORCE SERVICES
UNEMPLOYMENT INSURANCE
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You will be held accountable for the information contained in this guide. Please read the guide carefully and keep it for reference during your claim.
You will need to file your claim each week, even if you are awaiting a decision. Otherwise, you will not be paid for those weeks. Refer to the Weekly Claim Filing Instructions section for full information about weekly filing. The preferred method for filing your weekly claim is on-line. You may also call the Claims Center.
You are the only one who should know your PIN. Your PIN is your SIGNATURE when you file your weekly claim. Do not allow anyone else to have access to your PIN. You will be liable for improper or fraudulent payments made using your PIN. If another person has knowledge of your PIN, call the Claims Center immediately to change your PIN.
This guide tells you what you are required to know while filing a claim. It does not cover all the laws and rules that affect unemployment benefits. You can access the unemployment insurance laws and rules on-line.
If you need help with your claim, contact the Claims Center.
By filing a claim for unemployment insurance benefits, you have given your consent to the employer to release to the Department of Workforce Services (DWS) all information necessary to determine eligibility, even if the information is confidential. Utah law requires employers to report to the Department wage and job-separation information for all workers who are covered under the Utah Employment Security Act.
You may be denied benefits if you fail to provide the Department with all of the information necessary to determine your eligibility for benefits.
The information you or your employer gives to the Department may be:
DWS is not allowed to release information about your claim to your spouse, friends, bank, credit union, or any other party unless there is a signed release from you or a court order.
Employers pay all costs of the unemployment insurance program.
Benefits are paid to eligible workers who (1) have sufficient wages during the base period, (2) are unemployed through no fault of their own, (3) are able to work full time, and (4) are available for, and actively seeking full-time work.
Unemployment insurance is not welfare, Social Security or a disability payment. The intent of unemployment insurance is to pay benefits to eligible claimants during times of unemployment when suitable work is not available.
The base period is the period of time used to determine your weekly benefit amount and the number of weeks you may be paid benefits.
The base period is the first four of the last five completed calendar quarters before the week in which you file your application for benefits. A calendar quarter is a three-month period ending March 31, June 30, September 30, or December 31.
For Example:
| If you filed a claim between the following dates: | Your 12-month base period would be the preceding: |
| January through March | October 1 to September 30 |
| April through June | January 1 to December 31 |
| July through September | April 1 to March 31 |
| October through December | July 1 to June 30 |
To monetarily qualify for benefits, you must have earned wages in two or more calendar quarters of your base period and your total base period wages must be at least 1.5 times the wages you earned in your highest quarter. There is also a minimum amount of wages required during the base period.
If you do not qualify by the formula explained above you may still qualify if you can provide proof that you worked at least 20 weeks during the base period and earned a specified minimum dollar amount each week. Call the Claims Center for that figure.
Your new or reopened claim is normally effective the Sunday before the date you file an application for benefits, provided you did not work full time during that week.
Shortly after your initial application, you will receive a “Notice of Monetary Determination.” This notice includes the wages reported by your base period employer(s) and the amount of unemployment benefits you may receive if you meet all eligibility requirements.
Carefully examine the wages and employers reported on the monetary determination. Missing wages or missing employers could reduce your benefits or prevent you from qualifying. If you believe the wages or employers reported are not correct, please follow the instructions in the "Notice of Monetary Determination."
If you have earned enough to qualify for benefits, the number of weeks of regular benefits you may receive will range from 10 to 26. Your monetary determination will show the number of weeks to which you are entitled.
Your claim is established for a 52-week period called a benefit year. It begins with the effective date of your claim and ends 52 weeks from that date. You may file for weeks you are unemployed until you have exhausted your benefits. You may also file if you have earnings from part-time employment that are less than your weekly benefit amount. At the end of the benefit year your claim will end, whether or not you have received all of your benefits. You may not file a new claim for benefits against Utah until your benefit year has ended.
Even though you may have earned enough to qualify for benefits, you must meet other requirements to be eligible to receive those benefits. For example, if you quit or were fired from your job, a Department representative will obtain information from you and your employer and will determine your eligibility for benefits.
If your separation from employment was for qualifying reasons as defined by the unemployment insurance law, you will begin to receive benefits for weeks claimed, assuming that there are no other issues on your claim. If the Department determines your reason for separation is disqualifying, you will be mailed a decision that will explain the reason for the denial, your appeal rights, and conditions under which you may requalify.
Utah law requires that you will not be paid for the first eligible week claimed. This week is referred to as the waiting week. You must file for this week and meet all eligibility requirements in order to establish the claim and receive waiting week credit.
All vacation, holiday, or severance pay you have received or will receive must be reported to the Claim Center. Vacation, holiday, and severance payments are usually considered earnings. You will not be eligible for waiting-week credit or unemployment benefits for weeks in which those payments equal or exceed your weekly benefit amount. The Department will determine the number of ineligible weeks.
If you meet all the eligibility requirements and file your claim each week, you should receive your first payment about three weeks after you apply for benefits. If you have not received payment or a disqualification letter after you have filed for four weeks, call the Claims Center. Remember, funds will not be available in your bank or EPPICard account for at least two business days after the date benefits are released by the Department.
Payments are not made on the same day each week. Please allow 7 days after you file your weekly claim before contacting the Claims Center about your payment. (See Weekly Claim Filing Instructions.) This information is also available on the Internet at http://jobs.utah.gov.
All unemployment payments are made electronically. You will receive a form in the mail with instructions that allow you to choose either direct deposit into your own bank account or an EPPI debit card account that will be established for you. You will receive an EppiCard regardless of the payment method you choose. The EppiCard will be valid for any new claim you file for the next three years. Keep it in a safe place, since you will be able to use it again if you file during that time. If you require a new card during that three-year time frame, you will be charged a replacement fee.
All benefit payments will be initially deposited into the debit card account until the form is returned authorizing your choice of benefit payment. Funds will not be available in your EPPICard account for at least two business days after the date benefits are released by the Department. Benefits will be denied if the form is not returned as instructed.
The preferred method of payment for benefits is direct deposit into your checking or savings account. Funds will not be available in your bank account for at least two business days after the date benefits are released by the Department. If you did not choose the direct deposit option, you may do so at any time by printing, completing, and mailing the Electronic Payment Authorization form available online at http://jobs.utah.gov. You may also call the Claims Center to request this form.
Monthly statements will not be automatically sent to you if you select the direct deposit option. If you desire a statement, call the Claims Center to request that one be mailed to you.
The Utah EPPICard MasterCard works much like a standard debit card. With this option, your benefit payments are deposited into a separate account created for you by the card issuer. Funds will not be available in your EPPICard account for at least two business days after the date benefits are released by the Department. You access your money by making purchases or withdrawing cash using the card. No credit check or bank account is required. Your EPPICard will be accepted everywhere MasterCard debit cards are accepted. You will receive a monthly statement from the Department of payments made on your EPPICard.
The EPPICard will be valid for any new claim you file for the next three years. Keep it in a safe place since you will be able to use it again if you file during that time. If you require a new card, you will be charged a replacement fee.
Your EPPICard may also be used for other payments by the State of Utah such as child support.
See also EPPICard Security. If your card is lost or stolen, you must immediately notify ACS at 1-800-241-9499.
REMEMBER: Benefits will be denied if the Direct Deposit or EPPICard Authorization Form is not received within nine working days from the mail date on the form.
You will be responsible for securing the EPPICard issued by the Department. Securing the card means that the card and the PIN are never kept together, the card is kept in a secure location, and the PIN is not known by anyone but you. If you lose your card, you must report the loss of the card to the Department and to ACS, the card issuer. Call ACS at 1-800-241-9499. You must also change your PIN immediately even if you are not currently filing weekly claims for benefits. If you fail to report the loss of the card and change the PIN immediately, or fail to secure the card, you will continue to be liable for claims made and money removed from the card.
The simplest way for you to close your claim is to stop filing.
The Department will automatically close your claim if you:
You must reopen your claim in order to receive benefits if your claim is closed.
You may reopen your claim by accessing the Department’s Web site at http://jobs.utah.gov or by calling the Claims Center. Your claim will be reopened effective the Sunday of the week in which you request reopening. You will need to provide the dates of employment and the names of all companies for whom you have worked, if any, since you last claimed benefits.
If you wish to file for benefits while you are looking for work out of state, you may file using the Internet or telephone. To file by Internet, go to http://jobs.utah.gov and click on "File Weekly Claims." To file by telephone, dial 1 (888) 848-0688.
You must notify the Claims Center if you travel or move to a location outside the United States. Depending on the circumstances, travel or relocation to a foreign country could affect your continued eligibility for unemployment benefits.
If you change your address, call the Claims Center to report the change. Critical information that could affect your continuing eligibility will be mailed to the address shown on Department records.
If an appeal is pending on your claim, you must also notify the Appeals Office of your address change.
When there is an agreement signed by you or an order from the court requiring payment to the Utah State Office of Recovery Services for child support payments, your weekly benefit amount may be reduced by up to 50%. The Utah State Office of Recovery Services controls the amount of child support withheld from your unemployment benefits. If you have questions concerning the amount being deducted, you must contact the Office of Recovery Services.
Social Security benefits or other retirement income, including disability retirement, may be deducted from your weekly benefit amount.
If you apply for or receive any type of retirement or disability retirement income, you are required to report this information to the Claims Center immediately. After you have reported this information, a notice will be mailed to you if such income is to be deducted from your benefits. Failure to report retirement or disability retirement, or changes in that income, could result in denial and possible overpayment of benefits. (See Fraud.)
If you receive retroactive retirement income covering a period of time for which you were also paid benefits, you will be at fault for any overpayment. You will be required to repay the Department the amount of benefits you received for the period of time covered by the retirement.
Unemployment benefits are taxable. You may choose to have 10% of your weekly benefit amount withheld for federal income taxes and 5% for state income taxes. Any taxes withheld are immediately transmitted to the Internal Revenue Service and the State Tax Commission. You may change your tax withholding status for future benefits by contacting the Claims Center.
The Department will send you a notice (Form 1099-G) by January 31st of each year stating the benefits paid and tax amounts withheld during the previous year. This notice will be mailed to the last address on your claim. Notify the Department of any address change to ensure that you receive your 1099-G. Your 1099-G is also available online at http://jobs.utah.gov.
The Department will report total benefits paid and taxes withheld to the Internal Revenue Service and the State Tax Commission.
You must report all of your work and earnings for the week in which you worked, even if you have not been paid. While claiming benefits it is your obligation to accurately report your gross earnings before taxes or any other deductions.
You must report:
You must also report:
You are responsible for any inaccurate or incomplete information you provide. If you receive more income than you reported, you are obligated to immediately contact the Claims Center to correct previously reported earnings.
Failure to correctly report all work and earnings, including part time or temporary work, could result in overpayments and penalties. (See Fraud.) If you have questions about reporting work and earnings, contact the Claims Center.
You must report all earnings while claiming benefits. The Department will apply a 30% earnings allowance to calculate your weekly benefit payment. For example, if your weekly benefit amount is normally $200, you could earn $60 (30% of $200) without affecting payment for that week.
If your earnings equal or exceed your weekly benefit amount or you work 40 or more hours during the week, you will not receive any payment or waiting week credit for that week.
When you find full-time, permanent employment, you can close your claim by calling the Claims Center to report that you are back to work full time. You can also close your claim by simply not filing once you begin working. After three weeks of not filing weekly claims, the system will close your claim. If you continue to file your claim each week and earn more than your weekly benefit amount each week for four consecutive weeks, the system will automatically close your claim. If or when you need to reopen your claim, access the Department’s Web site at http://jobs.utah.gov or call the Claims Center.
If you work less than full-time and earn less than your weekly benefit amount during a given week, you may continue filing since you will be entitled to partial unemployment benefits if you are otherwise eligible. Be sure to accurately report your gross earnings.
You must be physically and mentally able to work full-time. If you are ill, injured, on a leave of absence, or unable to work for any other reason, you may not be eligible for benefits for that period of time.
You are required to report you are not available for work when any condition exists that could prevent you from working, accepting work, or seeking full-time work. This includes, but is not limited to: travel, illness, injury, hospitalization, incarceration, school attendance, loss of childcare, or loss of transportation. You may be required to provide evidence of your ability to work, such as a doctor’s statement.
You must be immediately available to accept full-time work. You cannot place unreasonable restrictions on the hours you will work, the wage you will accept, or the distance you will travel to work.
If your employer is holding your job while you are on leave of absence or on approved family leave under the Medical Leave Act of 1993, you will not be considered available for work.
Your obligation while receiving unemployment benefits is to become reemployed, and you should develop a realistic plan to achieve this objective. A primary component of your reemployment plan will be to contact employers. Unless a Department representative instructs otherwise, you are required to make a good faith effort to seek full-time work each week that you claim benefits, even if you are employed part time.
Additional job-development activities that will enhance your prospects of finding work include: writing resumes, visiting employers’ web sites, networking, contacting private or church employment agencies, or visiting a DWS Employment Center. The phrase “good faith effort to seek work” means that you will consistently make the types of personal efforts to find work that are customary for persons in the same or similar occupations. Your efforts must reflect a genuine desire to obtain employment immediately.
You should make at least two contacts each week with employers not previously contacted. If you do not make at least two new contacts during a given week, you may be denied benefits; however, the Department will evaluate your overall work search efforts during the week before making an eligibility determination.
You are required to keep a detailed record of your work search activities. You may be selected at any time for an audit or eligibility review during which you will be asked to provide this information. Your record of employer contacts should include the following: (1) date of contact, (2) company name and phone number, (3) person contacted, (4) type of work, (5) method of contact, and (6) results. Failure to provide this information, upon request, may result in a denial of benefits.
As your period of unemployment continues, you must expand your work search to include work at lower rates of pay.
You are required to seek and accept suitable work. The suitability of a job depends on the length of time you have been unemployed. You are allowed time to seek work comparable to the highest paid job or the job which required the greatest skill level during your base period, provided there is a reasonable expectation of obtaining that type of work.
The suitability of a job depends on the length of time you have been unemployed. You are allowed time to seek work comparable to the highest paid job or the job which required the greatest skill level during your base period, provided there is a reasonable expectation of obtaining that type of work.
However, as the length of your unemployment increases, you are expected to be willing to make concessions with respect to earnings, working conditions, job duties, and the use of prior training.
You are not required to accept work if:
Failure to: (1) accept a referral for suitable work, (2) properly apply for available suitable work, or (3) accept an offer of suitable work may result in a denial of benefits. You must report any failure to the Department for the week in which it occurred, even if you felt the work was not suitable. Improper reporting may constitute fraud. (See Fraud.)
You must report any failure to accept work even if you think the work is not suitable. This includes refusal of (1) increased or additional hours offered by a current employer, (2) work offered by a new employer, or (3) recall by a former employer.
A refusal of even one hour of work must be reported.
All self-employment or commission sales activities must be reported immediately to a Claims Center representative. Involvement in self-employment or commission sales could result in a denial of benefits even if no payment is earned or received. Failure to notify a Claims Center representative could result in benefit overpayments and penalties. (See Fraud.)
Unless otherwise instructed, you are required to register for job placement assistance with the Department of Workforce Services. The preferred registration method is on the Internet at http://jobs.utah.gov. You may also register at the Employment Center closest to you. Failure to register within five (5) working days of your initial application for benefits could result in a denial of benefits. Employment Center locations and services are listed in this guide.
Training or school attendance may interfere with your availability for work and your eligibility for benefits. Any school attendance or training must be reported when you file your weekly claim. This includes training required by an employer. Under limited circumstances, school attendance may be approved while receiving benefits.
If you are still claiming benefits after five weeks, you may receive a notice to complete an eligibility review on the Internet. Your benefits may be denied if you: (1) fail to complete the eligibility review, (2) fail to submit a list of your employer contacts, or (3) list employer contacts that cannot be verified.
Claims are randomly selected for audits each week. Auditors verify anything that affects UI eligibility including work search, base-period wages, reason for separation, school attendance, and work and earnings during your claim.
If you are paid benefits to which you were not entitled, an overpayment is created. An overpayment notice may accompany or follow a notice of denial and will contain repayment and appeal instructions. Benefit overpayments are established for the total weekly benefit amount before any deductions such as child support, Food Stamp repayments, or taxes.
Repayment of your overpayment as directed is important. Failure to do so may result in recovery of the overpayment by garnishment of your state tax refund, wages, bank accounts or by means of a sheriff’s sale of your personal property. You may request an installment agreement to repay the amount you owe.
If the Department determines that you were not at fault in the creation of an overpayment and you meet the poverty guidelines, you may request a waiver of the non-fault overpayment.
When you have an outstanding Food Stamp overpayment, your weekly benefit amount may be reduced by up to 50% to recover this overpayment. If you have questions concerning the amount being deducted, you may contact the Public Assistance Overpayment Unit at (801) 526-9810 or 1-800-821-2239.
You commit fraud if you make false statements, provide false information, or withhold information to obtain benefits for which you are not eligible. Failure to report earnings while filing and failure to report a job separation are examples of fraud.
Only you are authorized to file your claim for benefits. The responsibility for filing weekly claims cannot be delegated to another person, including your spouse. You will be held responsible for any false information provided.
Do not allow anyone else to have access to your PIN. Your PIN is your SIGNATURE when you file your weekly claim. If someone has knowledge of your PIN, even your spouse, call the Claims Center to change your PIN.
Penalties for fraud include some or all of the following:
Utah has a full-time fraud detection division to identify and recommend criminal prosecution of those who commit fraud.
If you are denied benefits, you will receive a written decision giving the dates of and reason for the denial. Read it carefully. It will include instructions for filing a timely appeal. Failure to file a timely appeal may prevent you from having the original decision changed.
You may be denied benefits if you:
This list does not include all the reasons for which benefits may be denied.
You will be given the opportunity to respond to any information presented to the Department that could result in a denial of your benefits.
You have the right to appeal any decision on your claim.
The unemployment insurance rules and laws can be found on-line.
If you appeal a decision, continue to file for benefits each week. Otherwise, you will not be paid for the weeks you are unemployed even if the appeal is decided in your favor, unless you can show good cause for late filing.
When you file an appeal, you will receive a copy of the records and documents used in making the decision denying benefits. You will be given an opportunity to present evidence, documents and witnesses during the appeal hearing.
The unemployment insurance appeals process does not require legal representation. Most claimants represent themselves. During the hearing, all parties will be assisted by the Administrative Law Judge in presenting their evidence. If you hire someone to help you with your appeal, you are responsible to pay any fees. The law requires this person to submit a written request for approval of fees to the Department prior to any payment. A request form and complete instructions are available from the Appeals office.
Your employer also has the right to appeal a decision allowing benefits. You will be notified of any appeal related to your benefits. Participating in the appeals process is in your interest.
Answers to most questions about your claim can be found online at http://jobs.utah.gov. Examples of online information include:
You can also call the Claims Center.
If you have any questions concerning an appeal, contact the Appeals Office, P.O. Box 45244, Salt Lake City, UT 84145-0244; telephone (801) 526-9300: fax (801) 526-9242.
Trade Act benefits assist workers who become unemployed as a result of (1) foreign imports or (2) because of trade agreements with certain countries such as Canada or Mexico. If you were laid off for one of these reasons, and were included in a petition approved by the Department of Labor, you may be eligible for these benefits.
Trade Act benefits may include:
If you have questions about your eligibility for these benefits, contact the Claims Center and ask for a Trade Act specialist.
To file a weekly claim, you will need the following:
You will be asked for your PIN each time you use the system. Your PIN is the four-digit number you selected when you established your claim.
If you forget your PIN, or need to change it to maintain security, contact the Claims Center. A claims representative will help you establish a new PIN.
You are the only one who should know your PIN. Do not allow anyone else to have access to your PIN, including your spouse. Your PIN is your SIGNATURE when you file your weekly claim. You will be liable for improper payments made using your PIN.
You must file weekly claims to receive benefits. The unemployment claim week begins on Sunday and ends on Saturday at midnight. We encourage you to file on Sunday or as soon as possible after the Saturday week-ending date. The preferred method for filing your weekly claim is Internet.
To use the Internet system, go to http://jobs.utah.gov, choose “File an Unemployment Claim,” and then choose “File Weekly Claims.”
To use the telephone system, please call the appropriate number:
Salt Lake and South Davis Counties . . . . . . . 526-4400Each week you must answer questions to determine your eligibility for benefits. Failure to file a weekly claim in a timely manner could result in a denial of benefits. The system will not permit late filing. If you wait 21 or more calendar days to file for a benefit week, your claim will be late and will close. If you wish to continue filing, you will need to reopen your claim at http://jobs.utah.gov or by calling the Claims Center.
You will be filing for a specific week. Be careful to answer the questions as they pertain to that specific week only. All gross wages must be reported for the week the work is performed, regardless of when they are paid. Knowingly or carelessly misreporting earnings constitutes fraud. The law provides severe penalties for receiving unemployment benefits under fraudulent circumstances. You will be asked some or all of the following questions, depending on the status of your claim. These questions apply only to the specific week for which you are filing:
Depending on the amount of earnings you report, you may be asked some additional questions not listed here.
After you have answered these questions, your responses will be repeated back to you and you will have the opportunity to correct or certify your answers. CAUTION: The law provides severe penalties for giving false information to obtain benefits. (See Fraud.)
If you realize you made a mistake after filing your weekly claim, call the Claims Center immediately.