By Debra Roth
September 23rd, 2013 | Uncategorized
Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience.
If a federal employee was put on furlough without pay, could he/she apply for unemployment for that period?
Generally, yes. However, you must be placed in LWOP (leave without pay) status for at least one full week to receive unemployment insurance benefits. Depending on the reason you were placed on LWOP, your agency may challenge your claim (e.g. if LWOP was a result of a disciplinary action, etc.). We note that each state has its own rules which determine under which specific conditions an individual may receive unemployment benefits.
Bill Bransford is managing partner of Shaw Bransford & Roth PC.
Disclaimer: Ask a Lawyer publishes information on this website for informational purposes only. Information on this website is intended – but not promised, guaranteed, or warranted – to reflect correct, complete and current developments. In addition, the contents of the website do not constitute legal advice and do not necessarily reflect the opinions of the attorney. Information from this website is not intended to be used as a substitute for specific legal advice, nor should you consider it as such. You should not act, or refrain from acting, based on information on this website without seeking specific legal advice about your particular circumstances. No attorney-client relationship between you and Ask a Lawyer’s author is created by the transmission of information to or from this site.
October 11th, 2013 at 2:38 pm
I work(ed) at NASA in Virginia. We were told that it was illegal to seek unemployment during furlough. We were also told that we could obtain unemployment during this time. When I tried to apply for this, I was told that I must register my resume and immediately seek employment.
I don’t want to run afoul of a federal rule.. but it seems we are unable to get unemployment in VA without breaking it.
Please help ..