Sunday, August 14, 2022

What To Do If Unemployment Is Denied

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Fired Employees Receiving Unemployment

Denied unemployment? You can appeal. Here’s how.

Theres a number of reasons why you can be fired that dont include being a poor worker. You could be fired because of cutbacks, or maybe you just werent a good fit for the job. Being fired isnt always because of poor behavior or misconduct. Some common reasons workers are fired that still qualify them for unemployment include:

  • Lack of skills.
  • Errors in judgement, but in good faith.
  • Clashing personalities and creative differences.
  • Unintentional minor infractions.
  • Out-of-work controversies.

As long as your firing wasnt out of intentional or harmful misconduct, you can generally still apply for unemployment benefits.

Appealing Denied Unemployment Benefits Ruling

Every state grants the right to appeal an unemployment benefits ruling. When you get the letter denying your claim, many states include instructions for appealing or a form to send in to appeal. If you did not receive such materials with your denial letter, go to your state’s website and look up its unemployment agency and the rules and process for appeals. Act quickly: While some states grant up to 30 days to appeal, other states give as few as 10 days after the denial is sent.

In most states, if you request an appeal, you are granted a hearing with a judge or other official. You are notified of the date and need to prepare your evidence or witnesses before this date. Your former employer is also notified and granted the same right to collect evidence and witnesses. Check the reason for denial in your letter and prepare to dispute it. For example, if your employer claims you quit voluntarily, provide documentation of adverse work conditions or qualifying outside circumstances.

They Denied My Unemployment Claimnow What

The good news is that the enhanced unemployment benefits available in response to COVID-19 provide unprecedented and supplemental financial relief to employees. The bad news is that you applied for these generous benefits, but you have received a denial from the CTDOL. So now what are your options? First, you must believe that the determination denying your benefits was in some way erroneous. Perhaps certain information was missing or reported incorrectly, or perhaps the fact finder at the CTDOL just made an improper or misguided determination. Regardless of the reason for the denial, if you believe the decision was WRONG, then you should take the next steps to reverse the decision and get your benefits as soon as possible. In almost all instances, if an unemployment determination is reversed, you will get your full benefits retroactively, assuming you continue to file weekly claims. So, what is the process for getting the CTDOL to reconsider your application and approve your benefits? This same process would be filed in all other states, but check your state department of labor website by using the following LINK.

YOU MUST FILE AN APPEAL:

You have 21 days after the date of the DOLs written decision to file your appeal. Here are the different ways you can file your appeal:

WHAT HAPPENS NEXT:

WHAT YOU NEED TO KNOW ABOUT YOUR UNEMPLOYMENT APPEAL HEARING:

PREPARING FOR YOUR HEARING:

HEARING TIPS:

AFTER THE HEARING:

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Reasons Your Unemployment Claim Was Rejected And How To Fix It

A critical component of the social safety net, unemployment insurance is a joint state-federal program that pays cash to eligible people who are out of work until they can find new jobs. In the time of the pandemic, unemployment benefits were the difference between sinking and swimming for millions of Americans. The Federal Pandemic Unemployment Compensation program was a key element of the CARES Act, but its $600 per week bonus compensation expired in July 2020.

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The stimulus relief package that Congress passed in late December, however, extends FPUC into 2021, but the benefits have been reduced by half to $300. In most cases, anyone who is eligible to receive standard unemployment benefits will qualify for the FPUC boost but what about those whose claims are denied? If you applied for unemployment benefits but got bad news in the mail, dont panic. There are steps you can take and things you can do to fix it and get the payments you need to see you through.

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What Do You Do When You Are Denied Unemployment

Denied Unemployment in NYC. Should I file for a hearing? (money, report ...

Related

Applying for unemployment benefits can be an anxiety-inducing and confusing process during a time that is already stressful. If your unemployment claim is rejected, it can add more stress or even panic. Knowing your rights and the appeal process in your state is a powerful tool in navigating this situation and potentially getting your unemployment benefits approved. Every state grants you the right to appeal your unemployment benefits ruling. However, it’s crucial to understand how unemployment benefits are granted and your rights in your particular situation.

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Are There Any Appeal Rights After The Referees Decision

Yes. If you are denied unemployment benefits after your initial application or after an employer contest, you may appeal the determination to the board of review which will consider the evidence presented and make a determination based on the application, evidence, and any determination provided by the original referee or hearing officer. Should the board of reviewâs decision come back unfavorable, you may seek to file a case within the appropriate County Court system. That Court will then be tasked with reviewing the record of during the administrative appeals process to determine if any error, bias, or violations of State law occurred.

Mcmichael Logan & Schaeffer Can Help

Clayton Schaeffer is an employment law attorney who has experience handling unemployment hearings on behalf of employers and former employees. If you have been denied benefits, we recommend that you retain counsel to handle the legal proceedings on your behalf. We will prepare the case for hearing and represent you in front of the Appeals Tribunal for a flat fee of $800.00, which is 8% of most of our clients stand to collect from unemployment.

Contact us to represent you or if you simply want to sit down for a consultation. We can evaluate your case and explain the process of making sure you get your unemployment check in St. Louis, Missouri.

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How Do I Get Dua To Stop Collecting The Overpayment While I Ask For A Waiver

The only way to make sure DUA doesnt collect the overpayment while you are asking for a waiver is to pay attention to all the notices you get. Respond to all the notices within the time frames the notices describe.

Note

In the notices DUA will call collecting the overpayment recoupment.

You need to file the waiver request within 15 days of your notice of overpayment to stop the DUA from collecting the overpayment. If you file within that 15 days, DUA will not try to recover any of the overpayment unless they deny your waiver and the waiver denial becomes final. Even if they deny your waiver you can appeal the denial. There are several appeal processes you can go through to try to get a waiver of overpayment. The whole time you are appealing they cannot collect the overpayment from you. But it is very important to pay attention to the deadlines. See question /#10.

Who Is Eligible For Unemployment Benefits And How To Apply For Unemployment Benefits

What to Do If You’re Wrongfully Denied Unemployment Benefits

The State of Illinois has established rules and regulations which determine who is eligible for unemployment benefits and how one can go about those benefits. We previously explored some of this issue in a previous article. If you are looking for information related to applying for benefits or eligibility, please see our other article: INSERT LINK.

This article is intended to cover what happens after one has applied for benefits and has run into some complications related to an unemployment claim.

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What Happens If I Am Denied Unemployment Benefits

In this article…

In this article we will explain What Happens if I Am Denied Unemployment Benefits or My Employer Challenges My Unemployment Benefits Claim including: Who is Eligible for Unemployment Benefits and How to Apply for Unemployment Benefits?, What Should I Do if I Was Denied Unemployment Benefits or the Benefit Is Too Low?, What Happens if I Was Awarded Benefits, but My Unemployment Claim is Being Contested?, Why is an Employer Allowed to Contest an Unemployment Claim?, Why Has My Employer Contested My Unemployment Claim?, and Are Benefits Paid During the Contested Period?

In this article we will explain What Happens if I Am Denied Unemployment Benefits or My Employer Challenges My Unemployment Benefits Claim including:

The process for filing an unemployment claim in the State of Illinois has provisions that allow for either an unemployed person or the former employer of that person to appeal any unemployment determination that is made by the Illinois Department of Employment Security . Either party may request a formal review of the facts that lead to the benefit determination.

Resigned Employees Receiving Unemployment

Quitting your job isnt always an easy decision. Sometimes, you need to quit your job not because youre dissatisfied, but because your job has become dangerous and harmful. If you quit your job with a good cause, you can still apply for unemployment benefits. There can be a number of reasons why youre forced to resign from your job, such as harassment, discrimination, or an injury.

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Denied For Quitting Your Job

The general rule is that you cannot collect unemployment benefits if you quit your job. The exception to this rule is leaving for “good cause.”

Determining good cause is a state-specific and fact-based analysis, but there are situations common to all jurisdictions that would allow you to quit and collect unemployment.

  • Discrimination and Harassment. Violations of federal and state antidiscrimination laws could make your work environment so unmanageable that you are forced to quit, such as enduring constant sexual harassment on the job. This situation is known as constructive discharge.
  • A hazardous workplace. You might have a valid reason to quit your job if your employer has violated the Occupational Safety and Health Act or a similar state safety law. For example, if your employer forces you to use dangerous equipment that hasn’t been properly maintained, or to breathe toxic fumes while you work, you might still qualify for unemployment if you walk off the job.
  • Illegal Acts of Your Employer. Your employer cannot ask you to facilitate or engage in conduct that violates the law. Your employers illegal conduct is a valid basis to quit your job.
  • Relocating for Health or Family Reasons. You might be able to quit and collect unemployment for certain personal reasons, such as moving away to seek a specific type of medical treatment or to care for a sick family member. Leaving your job because your spouse was relocated by the military is another example of good cause.

Eligibility For Unemployment Benefits

What happens if unemployment is denied?

The U.S. Federal-State Unemployment Insurance Program provides unemployment benefits to eligible workers who are unemployed through no fault of their own. If your reason for leaving your last job was something other than “lack of work”, a determination will be made by your State Unemployment Insurance agency regarding whether you are eligible for benefits.

In addition, claimants must meet state eligibility requirements. These vary from state to state, but many of them are similar throughout the country.

Because unemployment law varies by state, it is important to check with your state unemployment insurance agency for qualification and disqualification guidelines in your location.

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Requesting Special Accommodations For The Hearing

If you need an interpreter or have a disability that requires a reasonable accommodation , the Office of Appeals will furnish an impartial interpreter at the hearing if you give advance notice by calling the telephone number on your Notice of Hearing. Requests should be made immediately to allow time to arrange the accommodation.

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Understanding Reasons Why You May Have Been Denied Unemployment Benefits

In the state of Kentucky, there are many reasons why and applicant may have had their unemployment compensation benefits denied. Every document and statement plays a part in determining the eligibility of an applicant. However, the most important factor considered during the unemployment eligibility process is the applicants reason for unemployment. In order to receive benefits, the applicant must have been terminated at no fault of their own or it is likely they will have their unemployment benefits denied.

In order to avoid being denied unemployment benefits, applicant should be sure that their employment termination does not include any of the following reasons:

  • Willful disregard for your employers interest
  • Being terminated due to misconduct that goes directly against office rules
  • Failure to follow office rules or standard of behavior
  • Being found under the influence of drugs or alcohol during work hours, making you unable to properly perform your assigned tasks.
  • Theft or damage of workplace property or equipment exceeding a value of $25.

If you were denied unemployment benefits despite your unemployment being a direct result of wrongful termination, you have the right to pursue an unemployment denial appeal.

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What Do I Need To Do For The Unemployment Benefit Appeal Process

During this process you will be asked to produce all evidence and witnesses to demonstrate that you are entitled to the benefits that you are seeking. All evidence and potential witnesses will need to be disclosed to both the referee and your former employer in advance of the hearing date. The referee will send out a list of deadlines and requirements which you will need to comply with, as well as schedule an appropriate hearing date. Any witnesses must appear in person at the appropriate hearing dates. Affidavits or written statements are not generally accepted to evidence your position as both sides have the right to question all witnesses.

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Unemployment denied: Why and what you can do

Given the current unemployment rate in Minnesota, more and more unemployed individuals are seeking benefits from the states unemployment insurance system. At the same time, economic pressure has compelled employers to appeal former employees applications for unemployment benefits at an ever-higher rate. The result, at least based on anecdotal observations among employment lawyers, has been an uptick in the number of contested telephone unemployment appeal hearings. Most often, these hearings revolve around one of two issues: 1) whether the employee was terminated for employment misconduct or 2) whether the employee quit for a good reason caused by the employer.

After representing numerous employees and employers in this process over the past several years, I have reached the point where I can make a number of observations about what works and what doesnt work in these unusual proceedings. The following list of DOs and DONTs represents a summary of these observations and can increase your chances of winning your unemployment appeal hearing.

4. Dont send the judge a long written narrative of your case before the hearing. Such a narrative can and will be used by the other side to impeach you and your witnesses. You should instead rely upon the live testimony of your witnesses, the information contained in your exhibits, and your closing summation.

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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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Filing An Initial Claim

What information do I need to file a new application?

When filing a new application, you will need the following information:

  • Your Social Security number
  • Full mailing address, including apartment or lot number, Zip Code and PO Box if you use one
  • A phone number where you can be reached during the day
  • The name and mailing address of your last employer, no matter how long you worked there
  • Note: Your paycheck stub or W-2 form usually contains this information
  • The date you began and stopped working for each employer and the reason you left each job for the last 18 months
  • The county in which you live
  • Your driver’s license number
  • If you are not a citizen or national of the United States, your employment authorization number and expiration date
  • If you were active duty military within the past 18 months, your DD-214, Member #4 form
  • If you were a federal employee, your Standard Form SF-50 or pay stub
  • Any separation, vacation, or holiday pay you have received or will receive in the future.

A record of your application will not be established unless you are told your claim has been accepted. If you are unable to complete your application, the information you have entered will be saved for 7 days from the date you began filing the claim so that you can complete it later and within 7 days.

What if I have wages earned in another state, the military, or the federal government?

Go to GetKansasBenefits.gov and click to file an online application for unemployment insurance if:

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