After you file an application for unemployment assistance, the state's unemployment agency talks to your former employer and assesses the information that you provided and makes a decision on whether or not you are entitled to benefits. Unfortunately, there is a chance your application is denied. If your application was recently denied, you need to understand why and what you can do to overcome this decision.
Why Was Your Application Denied?
There are several possible reasons that unemployment applications are denied. The reason for your denial is stated on your denial letter from the unemployment agency. Some of the most common reasons applications are denied include:
- You do not have enough earnings. Every state has earnings requirements that must be met to receive benefits. Even if you meet the other criteria to receive assistance, if you did not earn the amount required, you could be denied.
- You quit. Even though you can still receive benefits if you quit a job, you have to prove that there was a good reason for quitting. If the agency thinks your reasoning is not sound, you will not receive benefits.
- Your conduct caused the termination. If your employer fired you because of your conduct, it is possible you cannot receive unemployment.
In each situation, the unemployment agency evaluates the circumstances and determines if there is a legitimate reason to deny benefits. If you were denied, it is possible to request an appeal.
How Do You Appeal?
The appeals process varies by state, but usually you have a limited amount of time to file your request for reconsideration. Refer to your denial letter for the time limit. In some states, you must submit your request for an appeal in writing. An appeals form might be included with your denial letter.
When you file the appeal, the unemployment agency schedules a hearing to hear testimony from you and your former employer. During the hearing, you can present evidence to explain why you are entitled to receive benefits. For instance, if you were fired for conduct, but your former employer's reasoning was wrong, you need to provide evidence to support this. If you have witnesses who can attest to your conduct, this would help.
In the event that the unemployment agency rules that you are still ineligible for benefits, talk to an attorney like one from Law Office of Matthew J Brier. He or she can help you file a new appeal and present your case at the next level.Share