Can A Absence From Work Be Considered Misconduct
It is understandable that an employer would want to have more dependable employees however, if the absence is due to a compelling reason, the absence cannot constitute misconduct, provided that the employee properly notifies the employer of the intended absence, or has a compelling reason for failure to notify the employer.
How To Appeal A Denial Of Unemployment
Every state has a process you can use to appeal a denial of unemployment benefits. Usually, you have to file your appeal fairly quickly. State time limits range from ten to 30 days or so after the agency mails you notice that your claim has been denied. The notice you receive may explain how to appeal the decision and may even include an appeal form.
Typically, if you request an appeal, a hearing will be scheduled. At the hearing, you will be able to present any evidence you have that your claim should have been granted. For example, if you think you earned enough to qualify for unemployment benefits but your employer misreported your earnings, you might bring in your wage stubs or copies of deposited paychecks to prove that you were paid more than the employer claimed.
You may also be able to bring in witness testimony — either by questioning witnesses in person or asking them to submit written statements. This could be important if the reasons why you left your last job are in dispute. For example, if the unemployment agency found that you voluntarily quit, but you actually left because of ongoing sexual harassment, you might be able to present testimony from coworkers who witnessed the harassment or a note from your doctor indicating that your health was suffering because of the harassment.
Common Occurrences For Employees In California You May Be Entitled To Further Compensation
Did you know that many unemployed people may have suffered from labor violations such as wrongful termination, workplace discrimination, unpaid overtime, unpaid wages, missing breaks, and other labor violations during their last employment? We know that you are here for different information, but we also want you to know that you MAY be entitled to compensation due to labor violations during your last employment.
If you feel like you were wrongfully terminated then please dont hesitate to schedule a 100% FREE consultation or click HERE.
If you feel like you were discriminated against in the workplace then please dont hesitate to schedule a 100% FREE consultation or click HERE.
If you feel like you are owed unpaid wages from a previous employer then please dont hesitate to schedule a 100% FREE consultation or click HERE.
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Improve Your Chance To Obtain Benefits
The unemployment benefit appeal process does provide opportunities to obtain a determination in your favor, but you must have knowledge of the laws, the rules, and have the required tools to obtain and present evidence on your behalf.The fact is, ODJFS does not operate based on what you know to be true, unless that truth can be shown to them, proven to them, and explained in a way that they can understand that Ohio statutes and rules require them to give you benefits. The Ohio Unemployment Lawyers at Smith’s Law Offices have the expertise and experience to navigate through the Unemployment Appeal process and to present the best case possible to obtain the benefits you deserve. It is a simple decision: If you want to increase your chances of obtaining benefits, take advantage of a free consultation with the Ohio Unemployment Lawyers at Smith’s Law Offices.
“Professional, upfront, knowledgeable, made the whole appeals process way less stressful, made me feel comfortable at the hearing, and won my appeal! Highly recommend using!”Josh
“Brian is a very good attorney and I am very happy with the way that he handled my unemployment case. He is very professional and informative and easy to talk to and he explains concerns very well. I would recommend him to anyone. He is very thorough and made me feel very confident with him handling my case. Thank you very much for your hard work in my case.”Valerie
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 cant work for due to illness or injury, you might be eligible for other benefits, such as temporary disability insurance.
- Youre 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 wont be eligible for unemployment.
- You quit or resigned voluntarily. In most cases, you wont be eligible for unemployment if you left your last job of your own free will. However, some exceptions applyfor example, if you quit due to workplace harassment.
- You dont meet the earnings requirements. Each state requires you to meet minimum earnings or hours worked requirements to qualify for unemployment.
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What Happens At An Unemployment Insurance Hearing
I was denied my unemployment compensation, and I appealed. Now I have a hearing scheduled. Do I need to go to the hearing?
If you want a chance at getting unemployment benefits, you must attend the hearing. If you were denied benefits when you first applied for unemployment and then you dont show up at your hearing, the appeal will be dismissed and you will not be able to try to get these benefits.
What happens if the employer doesnt show up for the hearing?
If the employer is the one who appealed, and the employer does not show up, the Administrative Law Judge should dismiss the appeal. If you are the one that appealed, and the employer does not show up, the ALJ will go on with the hearing.
If you go to the hearing and the employer does not show up, you should win your case. This is especially true if you were fired from your job, because it is the employers responsibility to prove you were fired for just cause. If the employer isnt there, the employer cannot prove you were fired for just cause and you should win. If you quit your job, you have to prove you had good, work-related reasons for quitting. If your employer doesnt show up, you will probably still have to explain to the that you had good, work-related reasons for quitting.
Even if your employer does show up, you can still win. Both sides will present their sides of the case, and the ALJ will make a decision.
Do I need a lawyer for the hearing?
What happens at the hearing?
Last revised: 11-03
Tips To Win Your Georgia Unemployment Appeal
April 30, 2014James Radford
Losing your job is one of the most stressful things a person can face. If youve recently become unemployed, you may be depending on your Georgia unemployment benefits to help with bills, groceries, rent, and other basic expenses while you search for work. If you have been denied benefits, or if your employer is fighting your award of benefits, you may feel frightened and confused. The appeal process can be daunting.
Below are seven tips we can give to anyone facing a Georgia unemployment appeal. This is for informational purposes only, and does not constitute legal advice. However, we are ready and willing to help should you need us. Contact us here.
1. Take Your Appeal Hearing Seriously. Many people come to us after they have lost their appeal hearing, stating they thought it was just a little telephone call, or that they didnt think it was that serious. They soon regret this attitude. Your hearing before the Appeals Tribunal is usually your only chance to present evidence, to cross-examine your employer, and to make arguments in your favor. You have a right to appeal to the Board of Review, but they will generally not accept new evidence. So, take your initial hearing very seriously. Prepare yourself. Get an attorney if you can. Your entitlement to benefits will likely be determined at this stage.
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Nevada Unemployment Appeal Process
If your unemployment benefits claim was denied, you will need to file your appeal with the Appeals Office of the Nevada Department of Employment, Training, and Rehabilitation.
Just as we mentioned above, the letter you receive in the mail from the Nevada Department of Employment, Training, and Rehabilitation will tell you exactly why your unemployment benefits were denied.
The letter will also explain to you exactly how and where you need to file your appeal. However, you will need to keep in mind as well that you have 11 days from the date on the letter to file your appeal, so you will need to do that as quick as possible.
Within your appeal, you will need to state why you believe you are entitled to the unemployment benefits.
For instance, in the letter, you will receive it will tell you why you are denied. If you have proof that you met that criteria, this is where you will say so with your proof in hand.
When you officially file your appeal, you will need to file your weekly claims for your benefits, you will still need to look for a new job, along with keeping an organized record of what jobs you have applied to, had interviews at, and offers.
Once you win your appeal, you will THEN be entitled to your unemployment benefits. These benefits will start from the date your claim was denied, but they will only be paid out if you kept filing weekly for your benefit claims and on the job search.
Why Does The Notice Of Overpayment Say That I Have To Pay A Penalty To The Edd What Does This Penalty Mean
Under California law, the EDD can make a claimant pay a penalty if the claimant makes a willful false statement to the EDD in an effort to obtain benefits. This penalty can be up to an additional 30 percent of the amount the EDD believes was wrongfully paid to the claimant. The EDD also usually penalizes a claimant for an alleged false statement by making the claimant ineligible for benefits they would otherwise receive in the future. The claimant could not be able to receive benefits for between 5 and 15 weeks, either during the claimants current period of unemployment, if they are still unemployed, or years later when the claimant becomes unemployed again. These penalties are intended to punish claimants who are trying, through fraud, to get benefits they are not entitled to. But in practice, the EDD regularly imposes false statement penalties when a claimant accidentally made a mistake on one of the many complex forms sent by the EDDand sometimes even when the claimant was telling the truth!
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What Is A Notice Of Overpayment And Why Did I Get It
A Notice of Overpayment is a document that EDD sends to claimants when EDD believes the claimant received benefits incorrectly. The notice will tell you how much EDD thinks that you need to pay back.
If you do not appeal the Notice of Overpayment and get the decision reversed, you will have to pay this money to the EDD. The EDD may attempt to collect the money you owe by taking money out of your paycheck or tax refund. If the EDD believes you made a willful false statement, you may be penalized by not being able to receive UI benefits in the future when you are otherwise eligible, for example the next time you become unemployed.
Even if you agree with EDD that you received benefits incorrectly, you may still want to appeal if EDD is penalizing you for making a false statement, and you did not intentionally give EDD information that caused the overpayment. It is possible to get the false statement penalties reversed, even if the overpayment itself is correct and you need to pay back EDD for the overpayment amount.
How To Win An Unemployment Appeal
Many Californians have the same question of how to win an unemployment appeal? so we decided to write a guide on how to do just that.
If you disagree with the decision of the ALJ, you will have 20 calendar days from the date of the decision to file an appeal with the CUIAB in Sacramento. The date of the decision is generally specified on the first page of the decision.
Click here for a 100% FREE EDD Benefits guide: EDD Benefits guide
The appeal must be in written format and does not need to include long statements on why you disagree with the final decision by the ALJ. Your letter should briefly state that you are requesting an appeal of the ALJs decision because you believe it is incorrect, and it should give your address, name, social security number, phone number, and the case number associated with unemployment benefits. Dont forget to sign and date the letter and mail it to the Office of Appeals where your case was held.
IMPORTANT TIP: Filing documents with the CUIAB: Each document filed with the CUIAB should be served through the mail, on the opposing party . The original document should be mailed to the CUIAB and postmarked by the particular date. With every filing, you must comprise a proof of service to substantiate that the opposing party was appropriately served.
To file for unemployment, .
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The Court Of Appeals Analysis
The court of appeals observed that the TWCs administrative decision is presumed to be valid and cannot be overturned if there is some evidence to support the decision. The appellate court observed that the definition of misconduct under the Texas Unemployment Compensation Act includes the mismanagement of a position of employment by action or inaction or violation of a policy or rule adopted to ensure the orderly work and the safety of employees. In this matter, the court determined that DHA lacked a clearly establish policy that the refusal to sign a warning notice could result in discharge. As a result, the court of appeals upheld the TWCs award because misconduct had not occurred since there had not been a violation of a policy authorizing discharge for failure to sign an employee warning notice. DHA has petitioned the Supreme Court of Texas for a review of the decision.
Reason Why Your Claim Was Denied
If you found that your unemployment claim was denied, as previously stated you will get a letter in the mail from the Nevada Department of Employment, Training, and Rehabilitation. This letter will state exactly why your unemployment claim was denied.
However, as of right now, we are going to go over the more common reasons as to why many peoples unemployment claim was denied.
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Were You Terminated Because You Committed Misconduct
As previously explained, individuals terminated for work-related misconduct are not entitled to benefits. To prove misconduct, your employer must prove the following 4 elements:
A Material Duty That You Owe to the Boss
Material duty is a duty that is inherently incorporated into the job position. For example, a retail salesperson has a material duty to sell the employers products or services, but the salesperson likely does not have a material duty to walk the owners dog.
A Substantial Violation of That Duty
Substantial means that the employees actions were more than a small deviation from the usual or reasonable course of actions. For example, leaving work a few minutes early would not likely rise to the level of substantial, but departing from work several hours before your schedule ends may be considered substantial, particularly if it is a repeated behavior and/or there have been warnings.
A Violation Which Indicates Wanton or Willful Disregard for the Duty
This means that you committed the violation either intentionally, knowingly, or with reckless disregard of the companys policies and the resulting consequences.
A Violation Which Tends to Spoil the Business Interests of the Employer
In addition to attacking each of the elements of misconduct, you should also consider asserting specific defenses that have been recognized by earlier CUIAB decisions, such as any of the following.
Poor Performance Defense
Isolated Incident Defense
Casual Connection Defense
Providing You A Path Forward In Your Life Career And Recovering The Compensation You Deserve
MKO is a boutique firm which means that we focus on a niche area and offer highly specialized services to clients who are looking for the personal touch within our area of expertise: Employment Law. Boutique law firms are not a general practice or one-stop legal shop, and thats a good thing. You need one good attorney who knows the ins and outs of the area of law thats relevant to your case. Look for a law firm that primarily practices the area of law that you need. If thats all they do, chances are, they do it very well. We see each legal dispute as an opportunity to find a fair and equitable resolution without destroying your reputation, resume, job prospects, income, and if avoidable, not subjecting you, your family, friends, and former coworkers to unnecessary, highly invasive, time consuming, stressful, and ultimately public litigation. MKO, Providing you a path forward in your life, career, and recovering the compensation you deserve. Confidentiality is key, for everyone. Are you a victim? MKOs employment lawyers are always available for the clients. You can contact us anytime for a case assessment and evaluation.
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