Maybe. In order to be eligible for unemployment benefits, you must be able and available for work. The Department of Workforce Development (Department) will consider a number of factors when making its determination of whether you are able and available for work in the general labor market.

First, the Department will decide whether you are “able” to work by asking whether you have the physical and psychological ability to perform suitable work. The Department will examine the following:

1. Your occupation

2. The nature of your restrictions

3. Whether you are qualified to perform other work within your restrictions

4. Occupational data showing the employment conditions in your area

Second, the Department will decide whether you are “available” to work by considering whether

1. You are available to perform full-time work at wages comparable to your usual wage

2. You are available to perform full-time work during the standard hours / shift that you usually worked

3. You are able to travel a reasonable distance and time to and from work

4. You are incarcerated for more than 48 hours

5. You could respond within 24 hours to an offer to work within your labor market

6. You are available to work in other jobs

7. Your work restrictions are reasonable

8. Full−time suitable jobs exist in the your area within your restrictions

Your eligibility for unemployment benefits depends on the specific facts of your case. If you have been denied unemployment compensation and are looking for representation, please contact an employment attorney at Hawks Quindel, S.C.

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