Wyoming Statutes
Wyo. Stat. § 27-3-306 (2026)
Eligibility requirements; waiver or amendment
✓ current as of May 2026
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authorized; unemployed waiting period; registration and referral
for suitable work.
(a) An unemployed individual is eligible for benefits
under this article for any week if he:
(i) Registers for work with the department of
workforce services and actively seeks work in accordance with
regulations of the commission, unless he will be recalled to
full-time work:
(A) By an employer who paid fifty percent (50%)
or more of his base period wages;
(B) Within twelve (12) weeks by an employer.
(ii) Files a benefit claim for that week in
accordance with regulations of the commission;
(iii) Is able and available for work;
(iv) Repealed By Laws 2005, ch. 186, § 3.
(v) Earned wages for insured work in amounts
specified by subsection (d) of this section;
(vi) As a corporate officer, is unemployed, certifies
unemployment and otherwise satisfies the requirements of this
subsection;
(vii) Continues to report to a department office in
accordance with regulations of the commission; and
(viii) Participates in reemployment services such as
job search assistance services if the individual is determined
to be likely to exhaust regular benefits and to require
reemployment services pursuant to a profiling system established
by the department, unless the department determines:
(A) The individual has completed reemployment
services; or
(B) There is justifiable cause for the
claimant's failure to participate in these services.
(b) The commission may by regulation waive or amend the
requirements of this section for individuals attached to regular
work or other situations in which these requirements are
inconsistent with this act. Regulations of the commission shall
not conflict with W.S. 27-3-303.
(c) Repealed By Laws 2005, ch. 186, § 3.
(d) To qualify under paragraph (a)(v) of this section, an
individual shall have earned:
(i) Wages for insured work during his base period of
not less than eight percent (8%) of the statewide average annual
wage computed under W.S. 27-3-303(a) rounded to the lowest fifty
dollars ($50.00);
(ii) Repealed by Laws 1993, ch. 19, § 2.
(iii) Wages for insured work of one and four-tenths
(1.4) times the high quarter earnings in his base period; and
(iv) Not less than eight (8) times the weekly benefit
amount of his current claim for services after the beginning of
the next preceding benefit year in which benefits were received.
This paragraph applies only if the base period is the first four
(4) of the last five (5) completed calendar quarters immediately
preceding the first day of the benefit year. Services under this
paragraph must be performed in an employer-employee relationship
but are not required to qualify as employment under W.S.
27-3-104 through 27-3-108.
(e) The department of workforce services shall register
and refer eligible benefit claimants under this article to
suitable work meeting criteria prescribed by W.S. 27-3-312 for
regular benefits and by W.S. 27-3-317(e) for extended benefits.Notes of Decisions
Cited in 2
cases, 1994–2020 · leading case: Bettcher v. Wyoming Dep't of Emp., 884 P.2d 635 (Wyo. 1994).
Bettcher v. Wyoming Dep't of Emp., 884 P.2d 635 (Wyo. 1994). “Wyo. Stat. § 27-3-306(a). The WESA defines when a claimant is unemployed: “Unemployment” means any week in which an individual performs no services and receives no wages or performs less than full-time work if wages payable for that week are less then his weekly benefit amount…”
Jesse Gerber v. State of Wyoming, ex rel., Dep't of Workforce Servs., Unemployment Ins. Comm'n, 2020 WY 90 (Wyo. 2020). “3 Wyo. Stat. Ann. § 27-3-306 (a)(i) and (iii) contain requirements that a claimant actively seek work and remain able to and available for work.”
— Wyo. Stat. § 27-3-306(a) — 1 case
Bettcher v. Wyoming Dep't of Emp., 884 P.2d 635 (Wyo. 1994). “Wyo. Stat. § 27-3-306(a). The WESA defines when a claimant is unemployed: “Unemployment” means any week in which an individual performs no services and receives no wages or performs less than full-time work if wages payable for that week are less then his weekly benefit amount…”
— Wyo. Stat. § 27-3-306(a)(i) — 1 case
Jesse Gerber v. State of Wyoming, ex rel., Dep't of Workforce Servs., Unemployment Ins. Comm'n, 2020 WY 90 (Wyo. 2020). “3 Wyo. Stat. Ann. § 27-3-306 (a)(i) and (iii) contain requirements that a claimant actively seek work and remain able to and available for work.”
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