OJT provides reimbursements to employers to help compensate for the costs associated with skills upgrade training and loss of production for newly hired employees. OJT training can assist employers who are looking to expand their businesses and who need additional staff trained with specialized skills. OJT employers may receive up to 50% of the wage rate of OJT trainees to help defray personnel training costs. 

If an employer’s hours and income from their own business decrease, they will not qualify for the partial unemployment insurance program. However, an employer may file a claim for benefits, and their eligibility will be determined on a case-by-case basis. 

The effect is the same as for any other benefits paid. Future tax rates will be adjusted based on benefits paid and taxable wage amounts in order to recover any amounts paid plus any adjustments for trust fund factors. For instances, if the person draws $2,000 in partial unemployment benefits, and the trust fund balance is 50%, the tax rates will be adjusted in future years to recover an additional $3,000 spread over the next 4 calendar years ($750 per year). This is in addition to any other trust fund factors that can affect tax rates

Yes, they can claim unemployment compensation. The reason for their unemployed status will be reviewed. If the person simply closed or sold the business because they chose to close their business for personal reasons, a separation issue may have to be adjudicated as a voluntary quit. They must also be able, available and seeking work as an individual, not simply developing work prospects to revive their business.

You can find this information by going to your iFile account. You can also call toll-free (800) 897-5630 and choose the Employer Option to access information about your specific account and general tax information. 

Anyone has the right to file a claim for unemployment compensation. Whether they can draw depends on the individual circumstances and the type of business entity.

Normally they cannot. Sole proprietor and partner compensation is not reportable, and they cannot pay unemployment tax on themselves. As such, unless they have wages from covered employment with another employer, they will not have any recorded earnings on which to base a claim. 

As the OJT employer, your company will determine the selection criteria for OJT trainees (e.g., “greater than 8th grade math ability,” “English-Spanish bilingual ability,” or any other applicable criteria). Then, the VEC will identify those of its clients who meet the criteria and will refer those clients to your company. Your company will decide the final selection of OJT trainees. 

1. You get a pool of pre-screened applicants for your position—you decide who to hire. 
2. This is a great opportunity to bring on employees that are eager to learn new skills and up-skill your workforce. 
3. Reimbursement for the costs associated with training this new employee, which are usually calculated at up to half the pay rate for the agreed-upon training period. 
4. Prompt payments with a minimum of paperwork. 
5. OJT staff to assist you through all phases of the OJT. 

If an employer has already selected a candidate AND the candidate is approved by OJT staff as eligible, VEC can set up an OJT with the employer candidate. 

The process will not take much longer than hiring a non-OJT employee. In order to ensure that your needs are met, the process of writing and negotiating the contract and establishing a training plan for the individual could take up to a few weeks. The individual can be hired effective the date of the award letter.

Yes, a business can rehire a previous employee, but it must be for a different position for which they would need training, and the candidate must meet the requirements. 

Yes. For example: 

• You cannot use on-the-job-training (OJT) funded trainees to replace employees laid off within six months prior to the date of your application. 
• You must agree to hire any OJT trainees as regular, full-time employees. 
• The rate of pay and benefits must be commensurate with what you pay others doing similar work. 

The VEC staff can assist you in determining your company’s eligibility. 

Email OJTinforequest@vec.virginia.gov to start the application process for OJT funding. 

Your company will complete a standardized OJT contract with the VEC. That contract will contain all of the terms of agreement for both VEC and your company. With this contract in place, the VEC will start to identify and screen candidates for your company’s position(s).  

See a sample contract. 

When you "Upload" the file, it is reviewed for errors. Your validated filing is then confirmed as ready to be submitted. You must "Submit" the file in Web Upload to file the return and payment information with VEC. It is recommended that you select Show, then View Validation Totals to review your filing and retain your confirmation number.  

The “ignored records” number refers to the number of non-valid records in your file as indicated by your layout. Examples include “RA” or “RF” records in an MMREF/EFW2 file. These types of records are not required and therefore display as “ignored” in the validation totals. The system will not validate the information in those records, but will display the number of those records. Web Upload allows you to include “ignored” records in your file for your convenience and to save you from having to remove them from your file. 

Instead of mailing paper returns or keying each return separately, you store all your return/payment information in one file. If you prefer to key your return/payment information or are a small business owner, we recommend that you use Business iFile, eForm, or ESS.

No. You cannot amend returns and payments through Web Upload. If you find an error in your return information and the file is in the “processed status,” you must submit a paper form FC-34 to amend the information sent in your Web Upload file. However, you may make modifications if the file has not actually been submitted to VEC and is in the “ready to submit” or “scheduled” status.  

If your error involves more than four wage records, contact wagereconciliation@vec.virginia.gov to coordinate a replacement filing.  

Yes. All dollar and cents amounts MUST be reported. For example, “$25” must be reported as 25.00 and “$25.49” must be reported as 25.49 in the file. This applies to “zero” due returns too. A “zero” must be reported as 0.00 in the file. You MUST include the decimal point with all filing except the payroll in the MMREF/EFW2 format. 

Yes and no. To avoid errors, you must enter the number of headers and/or footers on the Upload Files page in Web Upload. Examples of headers and footers include field names and column summaries. Please note that headers (as the name implies) occur at the beginning of the file. Footers occur at the end of the file. If this information is repeated in other areas of the file, these are considered fillers. Header/footer information should not be used in the middle of the file as often occurs in some software packages.

There are three file types: Excel (.xls, .xlsx), column-based (MMREF/EFW2 and ICESA), and delimited. A delimited file is one in which each line of specific information is a record, and the fields are separated by a known character. You can choose from tab, comma, or semicolon for your field delimiters. You can also zip/compress your files. PDF format files are not supported. 

No. At this time, Web Upload can only accept checking account information for payments. Please advise your bank to approve EFT to VEC.

There are two ways to make an ACH debit payment with Web Upload: 

1. Include the checking account and payment information for each return in the file 
2. Save a designated checking account in your profile to debit all payments listed in a file and indicate the use of the designated account when uploading your file. 

The relationship is determined by the statute, not by any agreement between the parties. The VEC decides if the amounts are reportable, not the employer or the employee. Unless the VEC determines otherwise, they are reportable. 

The VEC may learn about incorrect reporting when a former worker files for unemployment benefits and their wages are not recorded in our system. In addition, VEC tax representatives conduct periodic audits of employer accounts. Over 3,700 VEC audits are conducted each year. These audits reveal some employers are not reporting all workers to the VEC and are not reporting compensation correctly. Employers who exclude reportable wages may become subject to additional tax, interest, and penalties.

Yes, all labor costs are reportable, including casual labor, temporary labor, part-time labor, summer help, and other types of miscellaneous labor, no matter the amount, unless they are statutorily exempt.

Yes. If someone performs a service and they are paid, they are an employee unless the VEC determines they are statutorily excluded. The employer must prove the statutory exclusion. All amounts paid for services, no matter how small, are reportable.

Any payment for services is reportable to the VEC. 

The history and tax rate of the prior business transfers to you, unless you waive that transfer within 60 days of the date of acquisition. (Must be an arms-length transaction to waive the experience transfer as required by 60.2-536.1.)  

What can cause a maximum base tax rate? (Non-experience rated) 

• No payroll in prior fiscal year  
  If an employer does not have any payroll in the 12-month period ending June 30th of the year prior to the computation year, a maximum base tax rate of 6.2% is assigned. 
• No taxable payroll in last four fiscal years 
  If an employer has no paid taxable payroll during the four-year period ending June 30th of the prior year, they are assigned the maximum base tax rate of 6.2%. This means that the employer has not paid the tax due on the payroll on, or before, the September 30th prior to the computation year. 
• Foreign contractor 
  Out-of-state highway and building construction contractors are assigned the maximum base tax rate of 6.2% for a minimum of three calendar years. 
• Delinquent employer 
  Employers with delinquent taxes as of July 31st, who do not pay their delinquent taxes and interest within 30 days of being notified, are assigned the maximum base tax rate of 6.2% the following calendar year. 

Existing employers can receive a base tax rate, calculated on their particular account history, if they have wages for a minimum of 12 months for the period ending June 30th of the prior year. In other words, they have completed one full fiscal year (July 1-June 30) and have established an account prior to the rate calculation period. 
 
Experience rates are calculated by dividing the benefits charged against the account by the taxable wage amount for the period ending June 30th of the prior year, up to four fiscal years back. This ratio is then applied to the Trust Fund factors to create a base tax. 

Employers receive a Base Tax Rate, dependent on their account history and circumstances, plus across-the-board charges that are applied to all employers, such as: 

• Base Tax Rate 
  A benefit ratio is obtained by dividing the benefit charges against an account by the state unemployment taxable wages for the last four completed fiscal years. This ratio is then applied to the Trust Fund Balance Factor to create the Base Tax Rate. (Benefit charges increase base tax rates; the Trust Fund balance accentuates the effect of the charges). 
• Pool Cost Charge 
  These charges are applied to all employers to cover benefit costs that cannot be recovered from an individual employer, such as a non-chargeable employer, an employer who has closed, or an employer for which the calculated Base Tax Rate is above the maximum. 
• Fund Building Charge 
  A charge of .2% is applied to all employers when the Trust Fund balance is 50%, or less. 

Base tax rates normally vary from a minimum of .1% up to a maximum of 6.2%. Tax rates are assigned by calendar year, based on the individual situation of the employer. New Virginia employers receive the initial base tax rate of 2.5% (plus add-ons) until eligible for a calculated rate. Others may qualify for an experience base rate or receive an assigned base tax rate.

If you filed without including the tax due payment, use ESS to make a payment after the filing has posted. 

 All three filing methods provide a confirmation number. Use the Payment Coupon, and please include your VEC account number and the filing confirmation number. Do not provide a filing on paper unless you have an approved waiver.   

Virginia law imposes a penalty for failure to file an Employer’s quarterly report in a timely manner, and reports must be retained to be reviewed by auditors upon request. Quarterly reports are due on the last day of the following month.  

• the 1st quarter ending March 31st is due April 30th 
• the 2nd quarter ending June 30th is due July 31st 
• the 3rd quarter ending September 30th is due October 31st 
• the 4th quarter ending December 31st is due January 31st.  

If the due date falls on a weekend or holiday, it is adjusted to the next business day. Information must be submitted through ESS, eForm, and Web Upload by midnight of the filing deadline.  

Reports filed after the due date of the reported quarter are assessed a $100 late filing penalty. This penalty also applies to state and political subdivision employers. A penalty will not be assessed on reports for quarters in which no wages were paid. A penalty will be applied on each quarterly tax report not filed by the due date. Interest will accrue on unpaid tax even if a penalty is not due. 

The first $8,000 in wages is taxable. Everything an employee earns that exceeds $8,000 is considered “excess wages.”  The example below illustrates how an employer would calculate taxable wages for the four quarters during the year: 

The taxable wage base in Virginia is the first $8,000 that each employee earns per year. 

Reportable gross wages are wages after any Section 125 plan deduction, but before any 401K, IRA/ SEP, or 403B7 deduction. For the most part, the UI reportable wages will be the same as the wages reportable for Medicare purposes, with some exceptions, such as the imputed value of employee life insurance over $50,000. Section 125 plans (sometimes referred to as “cafeteria plans”) may include pre-tax deductions for health insurance, healthcare savings accounts, and childcare accounts.

If you have any comments or questions about iFile, please contact the Virginia Employment Commission at iFilevec@vec.virginia.gov or (804) 786-1082, or the Virginia Department of Taxation at iFile@tax.virginia.gov or (804) 367-8037.

1. Enroll in ESS 
2. Review record keeping – be ready for quarterly filing 
3. Put filing deadlines on your calendar. Deadline dates for filing are April 30th, July 31st, October 31st, and January 31st 
4. Report filing. Quarterly tax and payroll reports must be filed electronically. We have three options to file your report: eForm, ESS, and Web Upload. See which service best fits your filing needs: 

See our Tax Filing/Registration page for more information. 

It is important for you to enroll in the ESS (also known as iFile) to receive claim-related notices and to file appeals electronically. Responding to VEC in a timely way concerning claims and the timely filing of quarterly reports will influence your unemployment insurance tax liability. ESS also serves as a tool to protect your business interests. To get started, visit iReg. 

Businesses operating in multiple jurisdictions must base their filing requirements on the “localized/non-localized” procedures that each state has. You first determine if the services being rendered are localized, contained in one state. If so, the rule is to report people where they work. That would be the case described here.  

If they work in multiple states, you must look to where their direction and control is centered. Wages earned in Virginia are reportable to Virginia, unless they are incidental. An exception to this is if a specific reciprocal agreement is approved by the VEC and the other state. 

This tax exemption is for corporate income tax. It does not apply to employment taxes. However, Virginia law specifically exempts from unemployment taxes only nonprofit companies that have a 501 C3 federal tax exemption and have less than four employees for 20 weeks in the year. All other non-profit employers are required to file, as is any other business. Churches, however, are always exempt from UI reporting. 

This will depend on the amount of wages that you pay during a calendar quarter. You will be liable for state unemployment taxes if the total amount of wages you pay for domestic services in a calendar quarter equals or exceeds $1,000. The report and tax will be due on a quarterly basis. This should not be confused with the Federal Unemployment Tax that is due annually on domestic service and filed with your 1040 return on schedule H by April 15th of each year.  

 Domestic employers who have a history of quarterly payrolls of less than $5,000 may be offered the option to file VEC reports on an annual basis. This will only be done if approved in advance and the employer agrees to file reports using our Employer Self Service (ESS) portal (also known as iFile). 

Employers are liable for unemployment tax in Virginia if they are currently liable for Federal Unemployment Tax. General employers are liable if they have had a quarterly payroll of $1,500 or more or have had an employee for 20 weeks (about 4 and a half months) or more during a calendar year. Agricultural, Domestic, and 501C3 Non-Profit employers have different thresholds for liability. Additionally, if you acquire a business that is liable at the time of the acquisition, you are liable. 

Benefits cannot be paid if there is a claim issue. The issue may be because of your reason for separation from an employer, or because there is a question concerning your weekly eligibility. You can review your claim status and any outstanding issues on your UI home page or call (866) 832-2363 to obtain more detail and provide information that relates to the issue.

It means that you do not have a week for which you can claim benefits. You may have already filed your claim for the week, or your claim may have closed due to inactivity. You can review your claim status in your portal or call (866) 832-2363 to resolve the problem or reopen your claim.

Yes. If benefits are awarded following the interview or hearing, all weeks claimed will be paid if weekly eligibility requirements have been met. If you do not claim weekly benefits pending the outcome of the interview or hearing, you may lose entitlement to the unclaimed weeks.

The VRS is an automated system that asks questions and allows you to enter responses. You can use the VRS to file your weekly claims. You may also obtain specific information about your claim account, update payment method, and the details about an appeal to which you are a party.

You can call VRS at (800) 897-5630. It is available Sunday through Saturday, 6am - 6pm.

You cannot file online if you live in Virginia but do not have Virginia wages in the base period. You need to file an Interstate claim with a state that you did have wages from.

Search for a job title that most closely represents your job title. You will be mailed a job seeker registration form that will allow you to provide detailed information about your job title and duties and the positions you are seeking. Your job title does not affect your unemployment benefits.

There is no difference. If you visit a Virginia Works office to file a claim, you will be directed to the same Customer Self Service on the Resource Room computers to file your claim. It is the same site and process as filing online at home.

Voluntary quits and resignations are separation issues. If either of these reasons for separation is entered at the time you file your claim, or if your employer reports either of these as the reason for your separation, you must have a fact-finding interview with a deputy. You will receive notice of the date and time the deputy will contact you. In cases involving a voluntary quit or resignation, the burden is on the claimant to show that you had good reason for leaving your employment.

If you entered "Fired" or "Discharged" as the reason for your separation, or if either reason was reported by your employer as the reason for your separation, you must have a fact-finding interview with a deputy to determine if you are qualified for benefits. You will receive notice of the date and time the deputy will contact you. If you were discharged or fired, the burden is on the employer to show that you were released because of misconduct in connection with work.

The VA Unemployment Compensation Act requires all claimants to be able to and available for work to be eligible for benefits. If you are not able to or available for work during the week claimed, you must answer "NO" to the question on your weekly request for payment of benefits. You will be contacted and asked to explain why you were not able to or available for work. This explanation will be submitted to a deputy to determine if you are eligible for benefits for that week.

If you were not able to or available for work because of illness or injury, we will require a doctor's note to determine whether you are able to or available for work.

This may occur because an employer for whom you worked during the base period is omitted, some base period wages were omitted, or the wage amount is incorrect. It may also occur an employer for whom you did not work is listed. You must request a redetermination through the Customer Contact Center by calling (866) 832-2363.

For more information on resolving incorrect wages, see our Benefits Eligibility page. 

You must report your return to work when you file your weekly request for payment of benefits for the week in which you returned to work. Report the date you returned to work and, if you have already started work, report your earnings before deductions. Be sure to advise us of your earnings, even if your employer does not pay you right away, or you may receive benefits that you will have to repay. 

There will be no reduction of unemployment insurance benefits.

If you make a mistake when filing your weekly claim for benefits, call the Customer Contact Center at (866) 832-2363 as soon as possible.

If you knowingly make a false statement or misrepresentation, or have knowingly failed to disclose a material fact, to obtain or increase benefits you may be subject a fine and/or imprisonment and be prevented from receiving future benefits for 52 weeks. In addition, you will be required to repay any benefits that you were not entitled to receive. Claims are periodically reviewed to make sure benefits have been properly paid.

No. You are required to register for job services with the workforce registration process for the state you live in. You are required to actively seek work each week that you claim benefits. You must accept all offers of suitable work and report your income from any source. You must accept any referrals to suitable work from your local Workforce Center.

If you have a complaint about the service you receive which cannot be resolved at the time of service, you may contact the Customer Contact Center at (866) 832-2363. Hearing impaired persons may call (800) 828-1120.

The VEC is prohibited from discriminating on the ground of race, color, religion, sex, national origin, age, disability, political affiliation or belief. If you think you have been subject to discrimination, you may file a complaint within 180 days from the date the alleged violation with the VEC's Equal Opportunity Officer, P.O. Box 26441, Room 101, Richmond, VA 23218, or you may file a complaint directly with the Director, Civil Rights Center (CRC), U.S. Department of Labor, 200 Constitution Avenue, N.W., Room N-4123, Washington, D.C. 20210.

If you elect to file your complaint with the VEC, you must wait until the VEC issues a decision or until 90 days have passed, whichever is sooner, before filing with the CRC. If the VEC has not provided you with a written decision within 90 days of filing the complaint, you don’t need to wait for a decision to be issued and may file a complaint with CRC within 30 days of the expiration of the 90-day period. If you are dissatisfied with the VEC’s resolution of your complaint, you may file a complaint with CRC. Such complaint must be filed within 30 days of the date you received notice of the VEC’s proposed resolution.

If you are going to school or attending training, you may still receive unemployment benefits, depending upon the course of study and the required attendance each week.

Before entering training or schooling, contact the Customer Contact Center at (866) 832-2363 to determine if your schooling or training will create an issue. (If your training or schooling takes place during evening hours, only on weekends, or is self-directed, then this should not affect your ability to obtain a daytime job and may not pose an issue for your job search.).

If you desire to attend school or a training program to improve your employment possibilities, you need to request approval from VEC in advance. If you are already in school or training, report changes on your weekly request for payment of benefits. You will be contacted for additional information.

You must visit the employer to which you are referred. If you refuse a job offer, you will be contacted by the VEC to provide additional information. A Deputy will then determine if the work offered was suitable, or if you had good cause for refusing it. If the job was suitable and you did not have good cause for refusing it, you may be disqualified from receiving future benefits.

If you fail, without good cause, to apply for suitable work when referred by the VEC or accept suitable work when offered, you may be disqualified starting with the first day of the week in which such refusal occurred. The Deputy determines whether a job offer or referral is for suitable work.

If you make less than a minimum of two job contacts in a claim week, you may be denied benefits for that week.

Yes. All job contacts are subject to verification. You are required to maintain a record of your work search that includes the date of contact, complete name, address and telephone number of the employer/company contacted, name of the individual with whom you spoke, type of work sought, and result of contact. The VEC verifies job contacts and wages with employers. If your information concerning any job contact is false, you can be disqualified from receiving benefits for one year and thereafter if the falsely claimed benefits are not repaid in full.

Report to or call the office when scheduled. If you do not, you may not be paid unemployment benefits for that week. If you are unable to report or call for any reason, you should call ahead of the scheduled time and explain the circumstances.

If you wish to cancel your claim and not claim benefits, you must make your cancelation request in writing within 30 days of the date your claim is filed. The final date for cancelation is the same as the final date of appeal on the Monetary Determination form. Your claim cannot be canceled if you have been paid benefits, or if a deputy has issued a determination on your claim, even though your cancelation request is made before the final date for appeal.

If you are a member of a union that has a local hiring hall that solicits work on your behalf, you may be required to seek work only through the union hiring hall. When you file your claim, you must provide documentation of your active membership in an approved union. During the process, you will be advised what to submit.

You may still qualify under the Alternate Base Period, which looks at your wages from most recent four completed quarters. You’ll need at $3,000 in wages from your two highest paying quarters to qualify for benefits.

For more information, see the Benefits Information page.

If the overpayment is not repaid in full before you claim future benefits, a deduction (offset) will be made from these benefits. The VEC will also use other methods to collect the money owed, including collection agencies, credit bureaus, wage garnishment, attachment of bank accounts, and seizing of income tax refunds. The costs of collection, including administrative costs, attorney’s fees, late penalty, and interest can be charged to you.

An overpayment means you receive unemployment benefits that you weren't eligible for. This includes amounts paid while an appeal by your former employer is pending prior to a decision being rendered against you, and amounts paid because you did not notify us of information that would have reduced or eliminated your benefit payment.

Repayment must be made in full. If you are unable to repay the full amount in one payment, you must immediately contact the Benefit Payment Control Unit at (804) 786-8593 to arrange a repayment installment plan. Repayment of an overpayment may affect the amount of benefits on which you are required to pay taxes. Consult the Internal Revenue Service or your tax advisor for further instructions.

When you file your claim, we’ll ask for the reason for your separation (why you are no longer employed). This information along with a questionnaire is sent to your former employer for completion.

If your separation is due to something other than a lack of work, a deputy (sometimes referred to as a hearing officer) will contact you by telephone to discuss your separation. Your employer may request to participate in the interview, or they may provide additional information in writing or by telephone. You have the right to review and comment on any information provided by your employer. The deputy will then decide whether you are eligible to receive benefits. This decision will be contained in a “Notice of Deputy’s Determination” which will be sent to you and your employer.

In order to qualify for benefits, you must have earned at least a total of $3,000 in two quarters in the base period. The amount of wages you earned will determine your Weekly Benefit Amount and the maximum number of weeks (12 to 26) to which you will be entitled. You will be issued a Monetary Determination that contains your base period wage information.

Generally, no. If you file for unemployment benefits before becoming unemployed, the system will accept the claim. However, claims will be adjudicated and eligibility determined on a case by case basis, according to the Administrative Code.

If the law mandates you appear in court, you can still receive unemployment benefits. Any court pay you receive reduces your weekly benefit by that amount. When serving jury duty and making other court appearances, you still must seek work.

Based on wages earned, federal government employees may qualify for unemployment benefits. State law guides how the VEC calculates and pays unemployment compensation for federal employees (UCFE). When you file your UCFE claim, be sure to provide proof of employment, separation documents, and wage records. Report any federal employment during the base period when filing.

No. A claimant must be able and available for full time work and be actively seeking work to receive benefits. If you are out of work under FMLA, you do not meet the weekly benefit requirements and cannot receive benefits.

No. Benefits are funded through taxes on employers covered by the Virginia Unemployment Compensation Act. No part of the cost is deducted from your earnings.

Benefits are subject to federal income tax. At your request, we will withhold federal tax from your unemployment benefits. Federal withholdings are 10 percent of your gross benefit payment. You will be mailed a statement, Form 1099-G, of benefits paid to you during the year. It is your responsibility to keep us informed of any changes in your address, and to include unemployment benefits received on your annual tax return and pay the tax due. Benefits you received that are determined to be overpaid and are repaid may be deductible. If you change addresses, you must give the VEC the new address to receive your 1099-G.

If you need to make estimated tax payments, see IRS Publication 505, Tax Withholding and Estimated Tax or see Form 1040-ES.

If you are held ineligible for benefits, you will receive a Notice of Deputy’s Determination explaining why. If you disagree with the determination, you must file your appeal by the date shown on the notice. Refer to the section Appeals FAQs for additional information. It is very important that you continue to actively seek work and file your weekly claims on time while the appeal is pending. Failure to do so may result in a denial of benefits.

A deputy or hearing officer will review your completed fact-finding statements, along with any information provided by your employer. If more information is required to determine your eligibility for benefits, the deputy will contact you using the phone number or email address you provided to the VEC.

If you have an issue on your claim that requires fact-finding, log into Customer Self Service provide answers to the required questions, which are crucial for evaluating your eligibility for benefits. If you fail to provide a statement through Customer Self Service , you will receive a fact-finding questionnaire in the mail. You must complete and return the fact-finding statements by the deadline indicated on the form.

We strive to make our decision within 21 days from the date the issue was first detected.

Yes. Employers are automatically notified when an individual files a claim and are given the opportunity to respond with information concerning the reason for separation.

It is your responsibility to obtain the form from your employer. If you are a partially employed person during a claim week (Sunday - Saturday) and your employer does not give you a Statement of Partial Unemployment, you must contact the Customer Contact Center at (866) 832-2363 by Friday of that week.

When an employee files for partial unemployment due to a reduction in hours, the employer will receive a "Claim Filed for Partial Unemployment Benefits Notification" form. The claimant will file weekly with the VEC, generating a bi-weekly form that they bring to you for verification. This form is to confirm weekly earnings, and that the claimant worked all available hours.

It is essential to complete and sign this form promptly, as the claimant must return it to the VEC. If discrepancies arise between what you and the claimant report, the VEC may contact either party to resolve the issue. If the employee is fully unemployed due to no work being available, this is considered full unemployment, and the process is different.

Yes. If you are working part-time and earn less than your weekly benefit amount, you are required to actively seek work and report your job contacts when filing your weekly request for payment of benefits. If you earn more than your weekly benefit amount, you are considered employed for unemployment insurance purposes and do not have to seek work with employers.

No. Partial claimants aren’t required to seek work. However, you must work all hours an employer offers you during each week claimed. If no work is offered by Friday, you must file a total claim and actively search for work during Friday and Saturday. This means contacting multiple employers. We’ll provide work search instructions when you file your claim.

Yes. You must work all available hours. If you do not work all hours offered to you, you may be held ineligible for benefits. You must report all earnings from your regular employer and from any other employers for which you worked during each week claimed. You must report any offers of employment.

By Friday of any week in which you had zero earnings because no work was offered to you by your partial employer, you are required to:

• File a total claim online through UI Direct or by phone at (866) 832-2363 (Available 8:00am to 4:30pm, Monday - Friday. Closed Saturdays, Sundays and state holidays. You may experience long wait times by calling.) 
• Register for employment services on Virginia Workforce Connection
• Conduct an active search for work during that Friday and Saturday

Yes. Your employer will receive notice that you have filed a claim for partial benefits and your weekly benefit amount. During any week you earn less than your weekly benefit amount because of a lack of work, your employer is required to provide a Statement of Partial Unemployment stating your hours and wages for the week. To obtain your partial benefits, you must enter the name(s) of other employer(s) for which you worked during the week, the gross wages earned from each, sign the form, and return within 14 days of receiving it to:

VEC Benefit Payment/Charge Unit 
P.O. Box 27887 
Richmond, VA 23261-7887

You may be eligible for partial benefits. A partially unemployed person is one who, during a calendar week, was employed by a regular employer and had earnings that were less than his weekly benefit amount, and who worked less than his normal customary full-time hours because of a lack of work.

You must file your weekly certification every 7 days until you return to work. If you do not complete your weekly claim within 20 days, your claim will be closed. 

Claimants are generally paid within 21 days of filing for benefits. However, some claims may require additional time or review for eligibility. 

The amount of wages you earn will determine your Weekly Benefit Amount and the maximum number of weeks to which you will be entitled. You will be issued a Potential Benefit Entitlement that contains your base period wage information. 

You should file for unemployment insurance benefits within the same week you become unemployed. When filing an initial claim, you cannot back date the start date of the claim.  

For fast processing, file your weekly continued claim online after the week you wish to claim ends. You can also certify for weekly benefits using our Voice Response System (VRS) by calling (800) 897-5630.

1. To file your weekly claim for benefits, press 2
2. Enter your Social Security number
3. Enter your PIN, then follow the prompts for each question

In order to receive payments each week, you must be able to perform work and be available for full time work. This means you must be prepared to start employment immediately and be physically and mentally capable of working. While you may prefer to work remotely, you must be ready and able to accept non-remote work.

You must also:

• Be actively seeking work
• Accept all offers of suitable work
• Be registered for work with a VEC Workforce Center
• Accept any VEC referrals to work
• Report to the VEC when directed to do so
• Report your income from any source

Unemployment benefits will be paid according to the payment method you selected when you filed your claim, either by direct deposit or Virginia Debit MasterCard. If you wish to change your payment method, log in to your account or call the Voice Response System at (800) 897-5630.

Your claim is good for a one year period called a Benefit Year. This means that you will have one year to collect your maximum benefit amount. You are responsible for tracking the balance on your claim since you may exhaust your maximum benefit amount before that one-year period ends.

If you stop filing for benefits for 21 days or more, your claim becomes inactive. You can reactivate your claim online or by calling (866) 832-2363. The effective date of this claim will be the Sunday of the week in which you reactivate it, and previous weeks cannot be claimed. If you have provided the VEC with a return to work date that has now passed, you will also need to reactivate your claim.

Claimants are generally paid within 21 days of filing for benefits. The 21-day time period is the goal set by the U.S. Department of Labor for all states to achieve.

Note: Some claims may require additional time or review for eligibility. Examples of such instances include verifying wages, addressing incomplete requests for information, and resolving eligibility based on how employment ended for the claimant. It’s important to respond to all requests for information promptly.

Remember, the first week that you meet all weekly requirements will be your “Waiting Week,” and you are not paid benefits for that week. The non-payment of this week does not reduce your maximum benefit amount.

If you've lost, forgotten, or never received your PIN, go to a Virginia Works Office nearby to request a new one. Bring your state issued photo ID (driver's license, passport, passport card, or state ID) for verification. The Customer Contact Center can't help over the phone. Find your nearest Virginia Works Office.

If you are not in Virginia and can't visit a Virginia Works Office, mail a signed request for a PIN resend to:

P.O. Box 26441 
Richmond, VA 23261-6441

Include copies of your photo ID, Social Security card, and birth certificate (front and back).

You can get detailed claim and payment status by reviewing your Customer Self Service homepage. You can also complete any needed claim actions from the homepage.

You can also get claim status updates by calling (800) 897-5630 and following the prompts for claim information.

You should file for unemployment insurance benefits within the same week you become unemployed. When filing an initial claim, you cannot back date the start date of the claim.

You must complete and submit an application for unemployment before midnight on Saturday of the week in which you begin the application process. Any claims not submitted by midnight on Saturday will be erased, and you must restart the process.

For fast and easy filing, file online using Customer Self Service. It’s secure, simple to use, and only takes a few minutes to complete. Just have your government issued ID (driver's license, passport, passport card, or state ID) and social security number handy.

If you cannot file online, you can file over the phone by calling the Customer Contact Center at (866) 832-2363. You can also make requests for weekly payments of benefits and claim status questions through the VEC Voice Response System at (800) 897-5630.

If a qualification for benefits is reversed on appeal, the claimant will be required to repay any benefits paid after the effective date of the disqualification. If a qualification for benefits is affirmed or if a disqualification is reversed, the last 30-day employer will usually incur charges to his experience rating account. A reimbursable employer will have to pay all, or a portion of benefits actually paid to the claimant.

There are rare instances when subpoenas can be issued, but only if the Commission has decided to receive additional evidence in the case. Subpoenas should be requested by writing to the Clerk of the Commission, Office of Commission Appeals, P.O. Box 26441, Richmond, VA 23218 or calling (804) 786-4140.

At an oral argument hearing, you can explain why, based on the information previously submitted, the appeals examiner's decision should be changed or remain the same. You will not be allowed to present new evidence. 
 
At a hearing for additional evidence, you will have the opportunity to tell the Special Examiner about the additional evidence you wish to present, why you did not present it at the Appeals Examiner's hearing and why it is necessary for your appeal. There may be limitations imposed by the special examiner who hears the case. If so, those limitations will typically be explained on the hearing notice or in a separate letter.

A postponement can only be granted by a special examiner and only after it has been shown that material and substantial harm may result from denying the request. A request for postponement must be made as soon as possible and should be made by telephone to the Office of Commission Appeals at (804) 786-4140.

Please allow up to 60 days for the Appeals Examiner's decision to be implemented after it is mailed. The Appeals process is a legal process and the decision must be accurately documented for the record. This requires VEC to thoroughly review the original claim based on the reversal to ensure due process for all parties. A monetary analysis will be conducted to determine if payment is due. If payment is due, it will be posted to your UI Direct account. 

The Office of Commission Appeals may permit oral argument hearings to be conducted by telephone with the consent of all interested parties. Generally, however, most hearings for testimony and evidence are conducted in person at the Central Office in Richmond, Virginia.

A transcript of the hearing is usually provided at no cost if there is a timely written request for a hearing.

Hearings are not automatically scheduled at the Commission level. A hearing before the Commission must be requested in writing. That request must be made within 14 days from the date the Notice of Appeal was mailed.

After filing an appeal of the Appeals Examiner's decision, a Notice of Appeal will be mailed to all parties along with the appeal itself. The Notice of Appeal is a means to advise the parties that an appeal has been filed and to provide additional information. Unless a hearing is requested in writing, the case will be assigned to a special examiner who will review all of the information previously submitted and make a decision. Please thoroughly read the Notice of Appeal that you received.  

If you have questions about any of the information, please contact the Office of Commission Appeals for clarification at (804) 786-4140. 

Yes. Any claimant or employer who disagrees with the Appeals Examiner's decision has the right to appeal to Commission Appeals if the decision is against their interest. The appeal must be filed within 30 days of the date the decision was mailed. The decision shows the final date (deadline) for filing the appeal. 

If you think you experienced discrimination in a Title 1 financially assisted program or activity under the Workforce Innovation and Opportunity Act (WIOA), you may file a complaint within 180 days (about 6 months) from the date of the alleged violation.  

More information is available on the U.S. Department of Labor’s WIOA page. 

Please contact the Chief of First Level Appeals, in care of the Clerk of First Level Appeals, as soon as possible, at (804) 786-3020.

Yes. Auxiliary aids and services are available upon request to individuals with disabilities. 

For TTY Callers: Virginia Relay, Call 711 or (800) 828-1120. Virginia Relay enables people who are deaf, hard of hearing, deafblind, or speech disabled to communicate by text telephone (TTY).  

Any party, representative, or witness requesting reasonable accommodations must contact the Clerk of First Level Appeals so that arrangements can be made for their participation prior to the scheduled hearing. 

For information on reasonable accommodations, please contact Brenda Henderson at Brenda.Henderson@vec.virginia.gov or by phone at (804) 718-5209. 

Yes. Any party, representative, or witness who needs an interpreter or translator must contact or notify the Clerk of First Level Appeals as soon as possible of the request for an interpreter. Interpreters are provided for hearings; translators are provided for documents.

No. By law, the Appeals Examiner is the only person allowed to record the hearing. A party is allowed to hire a court reporter at their own expense to record the hearing. 

No. Evidence such as testimony and documents provided to the Virginia Employment Commission can only be used in cases under the Virginia Unemployment Compensation Act. Appeals hearings cannot be used for discovery or "fishing expeditions" for other legal proceedings.

If you filed an appeal, you may ask to withdraw or cancel it at any time. The request must be in writing, signed by you, and sent to the Clerk of First Level Appeals at firstlevelappeals@vec.virginia.gov, or mailed to: 

Virginia Employment Commission  
First Level Appeals  
P.O. Box 26441  
Richmond, VA 23261-6441 

You may also withdraw your appeal online through Customer Self Service. 

A request to postpone or reschedule the hearing will only be granted for good cause. If a party must request a postponement or rescheduling, contact the Clerk of First Level Appeals immediately by telephone at (804) 786-3020. If the request for postponement or rescheduling is denied, a decision will be issued based on available evidence. The decision will explain your appeal rights. If you do not receive a response to your request for postponement, you should participate in the hearing.

Yes. However, affidavits may not have as much weight as live testimony given under oath. If a party or witness is unable to attend the hearing, an affidavit may be provided. The affidavit should include all the facts, preferably in chronological order. Affidavits must be received in time to be considered at the hearing.

An affidavit is a statement which is sworn under oath before a notary public. It is not merely a notarized statement.

A party who wants to subpoena a witness or documents should send a request in writing. Requests should include the claimant’s name, claimant ID number, and the name and address of the witness. It is important to include the city or county in Virginia where the witness can be served with the subpoena.  

For documents, the name and address, including the city or county in Virginia, of the custodian of the documents should be provided. The custodian is the person who possesses the requested documents. The party requesting the subpoena must show that the testimony of the witness or the evidence in the documents:  

1. Is relevant 
2. Is not cumulative or repetitive; and  
3. Serves the interest of the party seeking the subpoena 

The VEC may deny a subpoena request if these requirements are not met. 

Any person over the age of 18 can represent a party. A representative does not have to be an attorney. If a claimant retains an attorney, the Commission must approve the attorney's fee. Free legal services may be available by contacting the Legal Aid Society at (866) 534-5243. You may also obtain an attorney by contacting the Lawyer Referral Service of the Virginia State Bar at (800) 552-7977. Any attorney or representative should contact the Clerk of First Level Appeals and provide their name, address, and phone number.  

For appeals sent online, by fax, and in person, the filing date is the date the Commission received the appeal. For appeals sent by mail, the filing date is the date the appeal is postmarked by the United States Postal Service.

All appeals must be filed within 30 days of the date the Deputy's Decision was mailed. Each Deputy's Decision contains the final date an appeal can be filed. 
The 30-day appeal period may be extended if good cause can be shown for extending it. Good cause may exist when circumstances beyond the control of the appealing party prevented them from filing the appeal within 30 days. 

The party who can appeal is the claimant, the claimant's last liable employer, and/or a subsequent employer(s) the claimant worked for before filing the claim.

If you disagree with the First Level appeals decision, you can appeal to the Commission Level Appeals. Commission Level appeals is the final agency appeal process prior to a claimant or employer choosing to appeal in Circuit Court. The appeal must be filed within 30 days of the date the decision was mailed.  The decision shows the final date (deadline) for filing the appeal. 

The fastest and preferred way to file an appeal is online. 

Online: 

• Claimants may log in or create an account through Customer Self Service to file an appeal 
• Employers may log in or create an account through the Employer Self Service (ESS) to file an appeal 

You can also mail or fax your appeal to: 

Virginia Employment Commission 
First Level Appeals 
P.O. Box 26441 
Richmond, VA 23261-6441 
Fax: (804) 786-8492 

In-person filing is also an option by visiting a local Virginia Works Office. See a list of local offices.  

All appeals must be in writing and include the name and claimant ID number of the claimant and the reasons for the appeal. 

You can contact the Clerk of First Level Appeals at (804) 786-3020 or (800) 552-4500, or by emailing firstlevelappeals@vec.virginia.gov. 

Any claimant or employer who disagrees with the deputy’s initial decision has the right to appeal to First Levels Appeals if the decision is against their interest. Claimants who disagree with the Statement of Wages and Potential Benefit Entitlement also have the right to appeal after a redetermination is made. 

See the Appeals page for more information.