What Can You Do If Your Unemployment Is Denied?
The process to get unemployment can be longer than expected. If your application for benefits are denied, you must go through the appeals process in an effort to overturn your employer's decision. If you have been denied, this is what you need to know.
Why Was Your Claim Denied?
Why you were denied for unemployment benefits is very important to your case. If you know why, you can use that to build a case for why you are deserving of benefits. The reason for your denial should be listed on your denial letter.
Some of the more common causes for denial include misconduct, termination, and voluntarily quitting a job. It is important to note that none of these automatically exclude you from receiving benefits. There are some extenuating circumstances that could still allow you to receive benefits.
For instance, if you quit your job, you can possibly receive benefits if you had good cause. Good cause can include being a victim of domestic violence or having a medical condition that prevents you from working.
The laws tend to vary from state to state, so check with your state's labor board to determine if there are extenuating circumstances present that would still give you the right to get benefits.
How Do You Appeal?
The appeals process can vary from state to state, too. The denial letter you received should also detail how to appeal. In some states, you have to submit a formal written request for a reconsideration of the decision. In others, you must submit a form that is included with the denial letter to the state's labor board.
Regardless of the method used for filing an appeal, it is important that you take into account the time limits that are involved. Your state most likely has a time limit on how long you have to file an appeal. If you fail to file within that time, you could possibly forfeit the right to appeal.
When you do appeal the decision, a hearing is scheduled to assess your case. A representative from the labor board will preside over the hearing. During the proceeding, you need to present evidence that supports your right to receive benefits.
If your bid for a reversal of the denial does not work, you need to talk to an attorney who specializes in unemployment claims, like the Law Office of Matthew J Brier. He or she can help you explore your other legal options and help you take action if necessary.