Unemployment insurance provides benefits to people who are out of a job and looking for work. Each state administers its own unemployment insurance system, with help from the federal government. In order to obtain benefits from your state’s system, you must demonstrate that you meet the eligibility criteria.
If the state denies your claim, you have the right to appeal that decision. Most states have a very short deadline for filing an appeal, so you must move quickly.
This article will outline the common features found in most states’ unemployment insurance systems and the procedures for appeal. You should investigate your own state’s system further before filing a claim or appealing a denial.
Appeal a Denied Unemployment Claim
If you believe your state’s unemployment office wrongfully denied your claim, you should file an appeal as soon as possible. When reviewing your unemployment claim, the state will evaluate the information that you have provided and notify your last employer. The state may contact your employer directly, or provide the employer with an opportunity to contact them.
The denial of your claim could have been the result of problems or deficiencies in the information that you provided, or it could be due to something your employer told the state.
Employers fund unemployment insurance through payroll taxes. The more former employees collect unemployment benefits, the more unemployment taxes an employer must pay. Your former employer might disagree with information that you provided, but some employers simply dispute all unemployment claims as a matter of course.
Reasons Why an Unemployment Claim Might Be Denied
If your claim was denied, it might be because your state determined that you failed to meet one or more eligibility criteria. Here are some of the most common reasons you might be found ineligible for unemployment:
- You are not currently able to work. In order to collect unemployment, you must be able to work. If you can't work for due to illness or injury, you might be eligible for other benefits, such as temporary disability insurance.
- You're not available to work. The state most likely will not approve a claim for unemployment benefits if it concludes that you intend to take time off from work, even if it is for a noble purpose like spending more time with family.
- You were fired for cause. Unemployment benefits are available to people who are out of work through no fault of their own. This might include layoffs, reductions in force, business closures, and other events that do not involve any wrongdoing on your part. If you were fired for serious misconduct, you probably won't be eligible for unemployment.
- You quit or resigned voluntarily. In most cases, you won't be eligible for unemployment if you left your last job of your own free will. However, some exceptions apply—for example, if you quit due to workplace harassment.
- You don't meet the earnings requirements. Each state requires you to meet minimum earnings or hours worked requirements to qualify for unemployment.
Deciding Whether to Appeal
It's not uncommon for state unemployment agencies to improperly deny claims for benefits. This can happen for a variety of reasons, from incomplete earnings records to misleading statements by former employers to clerical errors.
You have nothing to lose from filing an appeal, and potentially thousands of dollars in benefits to gain. For advice on your specific circumstances, contact an employment lawyer in your area.
File an Unemployment Appeal
You can appeal the denial of your unemployment claim by filing a notice of appeal, or a similar document, with your state’s unemployment office. Typically, you have a very short period of time in which to appeal. The deadline to file may be between ten and 30 days after you receive a notice of denial from the state.
The exact form of the notice of appeal varies from state to state. in general, you must identify yourself and provide your case or file number. Your state may require you to use a particular form, and to describe the reasons why you contend that your claim should have been granted. If you believe the state made an error, or that your former employer provided inaccurate information (or just lied) to the state, this is your opportunity to state your case in writing.
Unemployment Appeals: The Hearing
In most states, an appeal of a denial of unemployment benefits involves an administrative hearing. The hearing is usually very informal and is held either at the unemployment agency’s administrative offices or, in many states, over the phone.
To continue to receive unemployment compensation, workers typically need to file weekly claims for benefits and document their work search efforts. While you are waiting for your hearing, you should continue to meet these requirements. If you fail to do so, you may be denied benefits even if your appeal is successful.
Before the Hearing
Before the hearing, carefully review the determination letter, any documents you have submitted to your state unemployment agency, and any documents you received from your employer about your termination. Writing down a timeline of events or making a short list of what happened can be helpful. Use the timeline to practice summarizing what happened in a clear, concise manner. But don't try to memorize a script; sounding too rehearsed can work against you.
You usually must submit all documents that you want to present at the hearing to your state unemployment agency before the hearing. After you file your appeal, you should receive a notice from the agency with instructions on how to do that. If you do not, call your state unemployment agency and ask for guidance.
If the hearing is in person rather than over the phone, you should dress and groom yourself appropriately. Arrive early with your documents in order. If your hearing is over the phone, make sure that your phone is working and fully charged. You will need to be alone in a quiet room during the hearing. You should have all of the documents you submitted to the agency in front of you.
During the Hearing
During the hearing, an administrative law judge will put you under oath and ask you to explain why you think you are entitled to benefits and present evidence to support your claims. This could include witness testimony or written witness statements, as well as other documents. If, for example, your former employer alleges that you were fired for cause, you could offer the severance letter you received from your employer stating that you were laid off for budgetary reasons. If the state denies your claim because it concludes that you did not meet base period requirements, you can produce pay stubs and other documents showing your employment history.
If your former employer is disputing your claim for benefits, someone from human resources or your former supervisor will also be at the hearing. Your employer’s representative will explain why the company is disputing your claim for benefits. You will have a chance to ask that person questions, and that person will be able to ask you questions as well. The administrative law judge may also ask his or her own questions.
You may bring witnesses to testify, but you should only do so if the testimony is essential to your claim. Unessential witnesses can distract from the issue and prolong the hearing unnecessarily. Administrative law judges often have several hearings scheduled on the same day and need to make sure that the hearings are conducted efficiently and quickly.
Stay calm and polite during the hearing. Talking over other people or being rude will make you less credible to the judge. You will have an opportunity to tell your side of the story and to dispute what your employer says, so be patient and wait for your turn to speak. Don’t speculate. If you are unsure or can’t remember something, say so. Speak in short, clear, and confident statements.
After the Hearing
The individual who presides over the hearing might make a decision then and there, or they might take time to consider the evidence before deciding. If they decide in your favor, you should begin receiving unemployment benefits soon afterwards, backdated to when you applied. If they rule against you, you might have a right to further review.
Further Levels of Unemployment Appeals
Most states allow additional appeals of unemployment claims. If an administrative law judge has denied your initial appeal, some states allow a second level of administrative appeals. If that appeal is also denied, you can appeal the agency's decision in court.
However, unless the administrative law judge failed to consider a major piece of evidence or testimony or made an egregious error, a state court appeal is not likely to be successful. So before filing a court appeal, consider whether it’s worth the time and money to do so.
Contact an Employment Attorney
If you need help filing your appeal or have questions about the appeals process, consulting a knowledgeable employment lawyer in your area.