What To Do If You Are Denied Unemployment Benefits

26 March 2015
 Categories: Law, Blog

If you have recently filed for unemployment benefits, you are most likely eagerly awaiting a result so you will be able collect wages you are losing from not working. If you are denied benefits, however, you may want to look into the reasons why you are not being allowed to collect. You may be able to appeal the decision depending on the reasons you are being denied. Here is some information about why you may be denied and what you can do about it in an attempt to have the decision reversed.

What Happens When You File

When you send in a form to apply for unemployment benefits, it will be reviewed by your state's unemployment agency to determine eligibility. They will call your employer and will give you an interview over the phone to find out the reasons you are filing. You will receive word via mail. If you are denied, you are usually given between ten and thirty days to send in an appeal.

Reasons For Denial

There are several reasons why you may be denied benefits. If you have quit your job voluntarily, you will not be allowed to collect unless the reasons you quit are approved by the state unemployment agency. Each state has different stipulations regarding this matter. If you were fired for misconduct, you will not be able to collect benefits. If you did not put in enough time on the job, you will be denied benefits as well.

Reasons For Stopping Benefits

Even if you are granted unemployment benefits, there is a chance they could be stopped. If you fail to be available for work or if you turn down suitable jobs, you may have your unemployment benefits revoked. You need to report any income to the unemployment agency. If you get caught making wages and collecting benefits at the same time, you will have your unemployment benefits stopped immediately.

What Happens When You Appeal

If you appeal a denied unemployment claim, the state unemployment agency will take a second look at the reasons for your denial. Usually this is done at a hearing and you will have a chance to explain why you think your are eligible for benefits. Your employer will be able to explain why they think you are not eligible, so be prepared with proof such as pay stubs showing you worked enough hours or witnesses describing why you were fired. After both sides have made their case, the person in charge of the hearing will make a decision as to whether you will be granted unemployment or not.

Talk to experts like the Law Office of Matthew J Brier for more information.