West Virginia Code of State Rules Agency 83 - Employment Security
Overview
The West Virginia Employment Security Agency (WV ESA), under Agency 83, is responsible for administering programs related to unemployment benefits, employment services, job training, and workforce data. Its primary purpose is to support both workers and employers by maintaining a stable and fair labor market in West Virginia.
Key Functions and Responsibilities
Unemployment Compensation (UC)
Provides temporary financial assistance to eligible individuals who lose their jobs through no fault of their own.
Sets the rules for eligibility, including:
Being able and available to work.
Actively seeking employment.
Meeting wage and employment history requirements.
Determines weekly benefit amounts based on prior earnings.
Monitors claims to prevent fraud and ensures proper payments.
Employment Services
Operates job placement services for both employers and job seekers.
Maintains job listings, facilitates interviews, and helps match skills with available positions.
Provides career counseling and workforce development resources.
Employer Services
Manages the collection of contributions from employers to fund unemployment benefits.
Maintains employer records, including:
Contribution rates
Employment reports
Compliance with agency rules
Provides guidance to employers regarding layoffs, job separations, and reporting requirements.
Workforce Training and Development
Offers programs to enhance worker skills.
Provides training and retraining opportunities for displaced workers.
Collaborates with educational institutions and training centers to improve employability.
Monitoring and Enforcement
Conducts audits of employers and benefit claims to ensure compliance.
Handles appeals for both employers and employees regarding benefits or contributions.
Investigates fraudulent claims and imposes penalties when necessary.
Data and Reporting
Maintains labor market statistics, unemployment rates, and workforce trends.
Provides reports to help state planning and policy-making.
Tracks demographic and employment patterns to guide economic development.
Organizational Structure
Agency 83 is typically structured with the following divisions:
Claims Division – Handles UC claims, eligibility, and benefit payments.
Employer Services Division – Manages employer registration, contributions, and compliance.
Workforce Development Division – Provides training, job placement, and career guidance.
Audit and Compliance Division – Reviews employer records and investigates fraud.
Research and Reporting Division – Compiles labor statistics and workforce data.
Processes and Procedures
Filing for Benefits
Individuals file claims online or in person.
Claims are reviewed for eligibility.
Payments are issued weekly, contingent on ongoing eligibility.
Employer Reporting
Employers submit quarterly wage reports.
Contributions are calculated based on payroll and rates set by the agency.
Non-compliance may lead to penalties.
Appeals
Both employers and employees can appeal agency decisions.
Appeals are reviewed internally and sometimes involve hearings.
Ensures fairness and due process in employment security matters.
Key Principles
Equity: Ensure all workers have access to benefits regardless of background.
Accountability: Employers must accurately report and contribute to unemployment funds.
Efficiency: Processes are designed to deliver benefits quickly and support workforce needs.
Fraud Prevention: Strong oversight to protect public funds.
In short, Agency 83 – Employment Security serves as the central hub in West Virginia for unemployment benefits, employer contributions, job placement, workforce training, and labor market data. Its mission is to stabilize employment, protect workers, and support economic growth within the state.
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