Once you file a claim for unemployment benefits, the state unemployment agency will review the information you provide, talk to your past employer, and possibly interview you (most likely by phone).
After its review is complete, the agency will either grant or deny your claim for unemployment benefits. If your claim is granted, you will soon start filing weekly claims for unemployment benefits—and receiving your unemployment checks. But what if your claim is denied?
If your claim for unemployment compensation is denied, you can file an appeal arguing that the agency's finding was incorrect. This article explains some common reasons why claims for unemployment benefits are denied and provides some basic information on the appeals process.
If your unemployment claim is denied initially, the agency probably found that you are ineligible for unemployment benefits because:
Even if your unemployment claim is initially granted, you may later be denied unemployment benefits if you don't meet the ongoing requirements. For example, if you turn down suitable work, aren't available for work (you take a long trip, for example), or you don't report earnings you receive while collecting unemployment benefits, the state may deny your claim going forward.
Every state has a process you can use to appeal a denial of unemployment benefits. The notice you receive may explain how to appeal the decision and may even include an appeal form.
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.
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. (The employer has the same right.) 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.
The person conducting the hearing will make a decision on your appeal. If you win and are granted unemployment benefits, you are entitled to continue receiving the benefits, even if the employer appeals that decision at a higher level of review. Basically, once you get a positive ruling, you are entitled to unemployment benefits until someone else rules differently.
If you are denied unemployment benefits at the hearing, in some states, a second level of agency review is available. This means that either you or the employer can appeal the original appeal decision within the state unemployment agency. Whether or not your state provides this second level of internal appeal, every state allows you to make an appeal to the state's court system.
If you've been denied unemployment benefits, it might make sense to hire an attorney to assist with your appeal. A lawyer can help you file the paperwork and present the best case possible to the administrative law judge at your hearing. In some cases, having an attorney on your side can make the difference between winning and losing your appeal. An attorney can also help with any related claims you might have against your employer, including for retaliation or wrongful termination.
Your attorney will either charge by the hour or on a contingency basis, which means a percentage of your benefits. In either case, your attorney's fee will generally need to be approved by the state agency handling your appeal. (Learn more about attorneys' fees in unemployment cases.)