If you have recently lost your job due to being fired, laid off or quitting under duress, then in many cases your next step is to apply for unemployment benefits. The process does not always go smoothly, however, and sometimes applications for benefits are denied. Fortunately, this is not the end of the story. All states allow anyone who has been denied benefits the opportunity to appeal. This article examines some key aspects of this important issue.
You will have only a limited amount of time to file an appeal after your receive the notice of denial in the mail. The deadline varies by state, with the Michigan deadline of 30 days after you get the denial letter being typical. In most cases, it's very difficult to have the state unemployment officials accept your appeal if it's turned in after the deadline. Some exceptions may exist, however, such as the notice letter being delayed by the postal service.
If you file your appeal within the time limit, then a hearing will be scheduled to decide your case. It's crucial at this point to offer any evidence that might help your cause that was not presented earlier. For example, if you quit your job due to harassment from a boss or fellow worker, then your are still eligible for benefits even though were not fired or laid off. To prove your case, however, you might need a witness to the harassment to testify on your behalf at the hearing. If the harassment impacted your health and made it impossible for you to continue working, you could enter into evidence a note from your health care provider to that effect.
If your appeal is denied, then your options depend on the regulations of your particular state. Some states have another level of appeals hearings within the unemployment bureau itself. If so, then you can prepare your case again and appeal to this higher level of adjudication. Even if your state does not provide the option for another hearing, you have one more chance to receive your benefits. All states allow you to file a lawsuit within the state court system to overturn a denial of benefits by the unemployment office.
It's difficult for the average person to negotiate the appeals process without expert advice. For more information about claim denials and unemployment hearings, contact an attorney with experience in this area of the law.Share
18 November 2015
Like many people, I once found learning about law very intimidating. My brother went to law school and I remember glancing through a few of his books and wondering if I was actually reading English due to all of the legal jargon in them! However, when I ended up in a sticky legal situation due to accidentally breaking a small law I didn't know existed, I realized that I needed to learn more about the law, so I could make sure to follow it precisely in the future. My brother helped to break down some complicated legal concepts to me, and I have since been studying up online. I want to post what I have learned and continue to learn about law in the future on my new blog, so my knowledge cannot only help myself, but also help others!