A Guide for Maine Workers and Their Families:
I'm unemployed, can I get unemployment benefits?

Guide Contents

Contents of this page
4.1 Unemployment Insurance Benefits
4.2 Help with retraining: Dislocated Worker Benefits

4.1 Unemployment Insurance Benefits

The unemployment insurance (UI) program provides a weekly check to workers who lose their jobs. These benefits are intended to help people meet their basic needs while looking for a new job. From June 1, 2009 to May 31, 2010 the maximum weekly benefit amount is $356, but the average amount that workers currently receive is approximately $274 a week. Workers with dependent children may qualify for an additional $10 per week per child.

This section will not give a full description of Maine’s unemployment insurance program. There are two good summaries of this program already available from:

Pine Tree Legal Assistance

Maine Department of Labor

Many people who are eligible for UI don’t know it. Only 3 out of 10 Maine workers receive UI when they lose their jobs. Many more are eligible. Some of these workers don’t apply because they just don’t think that they are eligible. This section will focus on some of the common misunderstandings about who is eligible for UI and who is not.

Here are some of the most common reasons that people think they may not qualify for UI and what the law really is in these cases:

“I don’t think I qualify because I didn’t earn enough money.”

It takes fewer earnings than many people think to qualify for UI. Even a minimum wage earner or a person working part time can qualify for UI, depending on how long he or she worked. (Of course, the more wages you earned, the greater your UI check will be). For example, even a person who worked 25 hours a week at minimum wage from January 1 through July 1st, 2008, will qualify “monetarily” for unemployment benefits. This means that he or she will meet the earnings requirements to get a check.

For more information about how much a person must earn to qualify for unemployment benefits, read this information provided by the Maine Department of Labor.

“I quit my job, so I don’t think I’m eligible for UI.”

Even if you quit your job you still may be eligible for unemployment benefits if you left for one of the following reasons:

• Illness. You quit your job because you (or an immediate family member) became ill or disabled. To qualify, you must take reasonable steps to notify your employer promptly of the need for time off, a change in hours or a shift change, and your employer must advise you that your request cannot be accommodated.
• Good cause related to your job. You quit your job for a good work-related reason. For example, you were allergic to materials that you were working with and your employer could not reduce your exposure to that material; or, you were being sexually harassed on the job and you told your employer, but the harassment continued. Unfortunately, loss of transportation or child care are not considered good cause related to employment, unless your employer agreed to provide you with child care or transportation and then failed to do so.
• You moved to be with your spouse. You left your job to move to a new location with your spouse. You must wait until you arrive at your new residence before filing for unemployment benefits and you must be able, available and actively seeking suitable work.
• Domestic violence. You quit to protect yourself from a violent spouse or partner and you did everything you could, within reason, to keep your job.
• A new job fell through. You quit to take a new job and that job fell through because of the new employer.
• Not “regular” employment. You quit a job that was not your “regular” employment. For example, you were laid off from your long-term job as a welder and took a temporary job as a dishwasher, which you quit after a few weeks. Since the dishwasher job was not your “regular” employment, quitting should not disqualify you from UI. However, be aware that the longer you stay in a temporary job, the more likely it is to be considered your “regular” employment.
• You volunteered to be laid off in a workforce reduction planned by your employer. If your employer gave employees written notice of a plan to reduce the number of workers and you volunteered to be laid off, you cannot be disqualified from UI as long as your employer accepted your offer.

“I can’t get UI because I was fired from my job.”

Just because you were fired does not mean that you are ineligible for UI. You can only be disqualified from UI if you were fired for “misconduct.” Misconduct means that you did something wrong that was within your control and it caused serious harm to your employer. It is up to your employer to prove that you committed misconduct.

Misconduct could include repeated tardiness, violating a reasonable work rule, dishonesty that is harmful to your employer, use of illegal substances on the job, theft, endangering someone’s safety, or destroying property.

But, you are not guilty of misconduct if:

• You did the best job you could, even if it wasn’t good enough for your employer.
• You made an isolated mistake or error in judgment.
• You were absent from work because you, or an immediate family member, were ill and you made reasonable efforts to notify your employer.
• You failed to follow a rule or an order, but your action was reasonable under the circumstances. For example, you were told to use equipment that was not safe and, even though you asked your employer to replace the equipment, your employer refused.

“My hours were cut from full-time to part-time, but I was not fired.”

You may qualify for UI if your employer cuts your hours below 35 hours per week. You will be considered partially unemployed if you are working less than 35 hours a week, or less than what is usually considered fulltime for your job, and do not earn $5.00 or more above your weekly benefit amount.

“I’m enrolled in a training program. I’m not looking for work so I can’t get UI.”

Maine law allows you to collect unemployment benefits while you are in an “approved” training program. You do not have to look for work while you are in training. You may even be eligible for up to 26 additional weeks of unemployment benefits if you are a “dislocated worker” in training (see section on Dislocated Worker Benefits below).

To find out what kind of training can be approved, contact:

Unemployment Compensation Claims Center
Voice: 1 (800) 593-7660

Your local CareerCenter
Voice: 1 (888) 457-8883
TTY: 1 (800) 794-1110

“I can’t get unemployment benefits because I’m not able to do the kind of work I’ve always done.”

In order to qualify for UI, you do have to be “able” to work. But, this does not mean you have to be able to do the same kind of work you have done in the past. You can meet this requirement if you have the experience or training to work in another trade, occupation or profession. For example, if Jane can no longer work as a certified nurse’s aide because of a back injury, but she has worked in the past or is qualified to work as a cashier or a teaching assistant, she will be considered “able” to work.

“I can’t get UI because I’m a part-time worker.”

Maine law changed in 2004 so that unemployed workers who are only looking for part-time work may qualify for UI. Before 2004, you could only qualify if you were looking for full-time work. If you are a part-time worker, you may now qualify for UI if:

• You worked part-time for a majority of the weeks in your “base period” and are looking for work for approximately that same number of hours now (your “base period” is usually the first 4 of the last 5 completed calendar quarters before you began receiving UI benefits; OR
• You worked full-time for the majority of the weeks in your base period but are now limited to part-time work because of your illness or disability or that of an immediate family member, or to protect your safety or that of an immediate family member.

4.2 Help with retraining: Dislocated Worker Benefits (DWB)

You may be eligible for up to 26 additional weeks of unemployment benefits if you are a “dislocated worker” and are in an “approved” training. Even people who have run out of their regular unemployment benefits can reopen their claims and get these additional 26 weeks of Dislocated Worker Benefits (DWB). You must first use up all of your regular unemployment benefits before receiving DWB.

What is a “dislocated worker?”

You are a dislocated worker if:

• You were laid off, or received a lay-off notice and you are unlikely to return to work in that same industry or occupation; OR
• You lost your job due to a permanent plant closing; OR
• You are “long-term unemployed” and are unlikely to find work in your previous occupation or a similar one in your area, or substantial barriers to employment exist because of your age.

What kind of training can be “approved”?

Approved training includes any training arranged by your CareerCenter and provided under the Workforce Investment Act. The Unemployment Compensation Commission can also approve other types of training. To find out if the training you want can be approved, call the Unemployment Compensation (UC) Claims Center at 1 (800) 593-7660. You can also get more information about approved training from your local CareerCenter. Call 1 (888) 457-8883; TTY 1 (800) 794-1110 for your local CareerCenter.

It’s been a while since I ran out of my regular unemployment benefits. Can I still get Dislocated Worker Benefits (DWB)?

You may still be eligible for Dislocated Worker Benefits (DWB) if you enroll in an approved training program within 30 months of the end of your most recent UI benefit year. For example, if your benefit year ended on January 31, 2006, you may still be eligible for DWB if you enroll in an approved training program before July 31, 2009. If you don’t know when your benefit year ended, call the Unemployment Compensation Claims Center at 1 (800) 593-7660.

How do I apply for Dislocated Worker Benefits (DWB)? How do I find out more about DWB?

If you want more information, or if you want to apply for Dislocated Worker Benefits (DWB), call the Unemployment Compensation Claims Center at 1 (800) 593-7660. You can also get more information about approved training from your local CareerCenter. Call 1 (888) 457-8883; TTY 1 (800) 794-1110 for your local CareerCenter.

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