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Employment Law/Minimum Time On Job Required


QUESTION: What is the minimum amount of time a person needs to be employed with an employer to receive unemployment benefits?  What if they were employed earlier in that same year by you, quit, than later that same year they came back to work for you?

ANSWER: Unemployment benefits are not calculated on the time worked for a company. The employer pays in unemployment benefits on every employee starting with their first check.

When you leave a job and apply for unemployment benefits they look at your last job. Then they start going back to the job before if you do not have enough worked credits to draw on the last position.

It all goes on your work credits and not on the length of time you are at any particular job, but the length of time worked in a quarter.


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QUESTION: Thank you!  So, we have an employee who worked from January - July (quit).  Then we rehired him in September in which he has been employed with us since then.  Based upon what you said, he can still collect unemployment against us eventhough he quit?

His opportunity to collect from "us" is not hampered (for him) because he quit?

He can only draw if he quit if the Department of Labor allows him to draw. Uually if you quit without good reason you are not allowed to draw unemployment at all. It depends on the situation and the state Department of labor. Some states are more lenient than others. It just depends on your state.  

I explained how it worked if he were to draw unemployment. If he is no eligible than he cannot draw at all.


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Shirley McAllister, CPP, PHR


I can answer questions about payroll laws and payroll tax laws and Human Resource laws and agencies. I can answer federal payroll and human resource law questions and most states; I do not have a knowledge of the local taxes for cities and counties within the state. If and when I can I will try and send you the website where you can reference the answer and where you can obtain more information as well as a contact number if needed for that particular agency. Some agencies I have worked with are IRS, Department of Labor (federal and state), Revenue Canada (and provincial governments), Inland Revenue, OSHA (0ccupational Safety and Health Administration); Social Security Administration and National Child Support as well as other agencies in Payroll and Human Resources. Some Laws I am particularly familiar with are FLSA (Fair Labor Standards Act), ADA (Americans With Disabilities Act), FMLA (Family Medical Leave Act) COBRA (Consolidated Omnibus Reconciliation Act ) , QDRO's, QMCSO's, and other support orders and garnishments, USERRA (Uniformed Services Employment and Remployment Rights Act,PPA Act (Pension Protection Act of 2006, As well as most other employment type acts. I am also well versed in the Title V Civil Rights Act and the HIPAA (Health Insurance Portability and Accountability Act).


30 years in Payroll and Human Resources

SHRM (Society of Human Resources) APA (American Payroll Association) DOLEA (Department of Labor Employers Association) CPA (Canadian Payroll Association) NAPW (National Association of Professional Women) The Mentoring Network

PHR Certification in Human Resources CPP Certification in Payroll in U.S. Payroll Administrator and Payroll Supervisor certification in Canada

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