1. (1) After filing an initial claim, a claimant will receive an initial monetary determination stating whether the claimant has sufficient wages to qualify for benefits.
2. (2) The initial monetary determination informs the claimant of the department's records from base period employers used to calculate the claimant's benefit amount, and the effective date of the claim.

3. (3) If a claimant's wage records have not been received, and the claimant was employed by an insured employer, the claimant may support their claimed wages by providing an affidavit and documentation establishing the amount of base period wages as follows:

   1. (a) unpaid wages may be considered if the claimant completes a signed, dated, and notarized affidavit stating the following:

      1. (i) the name and address of any employer from whom wages are due;
      2. (ii) the amount of unpaid wages; and
      3. (iii) the reasons why the wages have not been paid; and

   2. (b) the claimant provides at least one of the following documents to show unpaid wages:

      1. (i) a W-2 or 1099 form as required by the Internal Revenue Service;
      2. (ii) a signed statement from the employer affirming the truth of the claimant's affidavit;
      3. (iii) a copy of the employer's schedule of assets and liabilities filed in a bankruptcy proceeding showing the unpaid wage claim;
      4. (iv) a copy of the claimant's wage claim filed with the department, if the department has not dismissed the wage claim; or
      5. (v) a copy of a decision of the department or a court of competent jurisdiction stating that the wages are owed the claimant.

Authorizing statute(s): 39-51-301, 39-51-302, MCA

Implementing statute(s): 39-51-2105, 39-51-2201, 39-51-2202, 39-51-2203, 39-51-2204, MCA

History: NEW, 2024 MAR p. 1458, Eff. 7/1/24.