How to File an Unemployment Appeal

How to File an Unemployment AppealHow to File an Unemployment AppealIf youve been laid off, wrongfully terminated or forced to quit, you are most likely entitled to unemployment. But what happens when you meet your states criteria for unemployment benefits and apply to receive them, only to have your claim denied? If you have filed an unemployment benefits claim and your claim is turned down or contested by your employer, you have the right to appeal the denial of your unemployment claim. Dont assume that one denial is the end of the claims process. Even if you quit your job, there are cases in which you might be entitled to benefits. The process of appealing a claim may vary depending on your locations, so check with your State Department of Labor for guidelines on what to do when your unemployment claim is denied. Theyll also be able to provide you with information on how to file an unemployment appeal. Unemployment Appeal Board Hearings A hearing is an informal trial held befo re an unemployment appeals board and/or an administrative law judge. Based on the evidence presented, a decision will be made on whether you are entitled to unemployment insurance benefits. At the hearing, you, your employer and witnesses for either side may testify. Both you and your employer will have the opportunity to present evidence. Before You File an Unemployment Appeal Review the Process for Filing an AppealInstructions on how to appeal an unemployment claim denial will be listed on your State Department of Labor website. You may be able to file an appeal online, by fax, mail, in-person or on the phone. Check the CalendarIn some states, you have a limited amount of time to appeal your unemployment claim denial and file an appeal sometimes as little as 10 days. Claims filed after the deadline will not be considered, so it pays to begin your appeal ASAP. When You File an Unemployment Appeal Review the information from your State Department of Labor website on what yo u need to submit to file an appeal. In some cases, an appeals form will be included with the notice that your claim has been denied, but double-check the website for additional information. Be sure to submit all the information prior to the deadline for filing a claim. Collect Supporting DocumentationBring two copies of any written information you have available, including warnings, time sheets, contracts, medical records, contracts and your personnel file anything that supports your position that the termination wasnt for cause. The mora supporting documentation you have, the better chance you will have of winning an appeal. Get WitnessesIf you have witnesses with personal knowledge of the circumstances leading to you losing your job, it can be very helpful. Bring the witnesses with you to the unemployment appeal hearing so they can testify on your behalf. Note The best witnesses are those who will make a positive impression on the board or judge. If you have your choice of a few potential witnesses, look for those who have a calm, professional demeanor and solid communication skills and make sure that they know to dress appropriately and that they understand your position and whats needed to make your case. Consider Legal or Professional RepresentationYou may bring legal or other professional representation to the unemployment appeal hearing. If you hire representation in the form of an employment lawyer, be sure to ask about fees and other costs involved, so you can decide if it is worth the expense. While the Appeal Process Is Taking Place Keep Filing for UnemploymentContinue to file for unemployment payments as scheduled until you have gone through the appeals process and dont press unterbrechung on your job search process. Unemployment benefits are generally contingent on the recipient looking for work. You dont want to get all the way through your appeals process, only to discover that youre disqualified from receiving benefits because you do not actively job searching. Attend all Unemployment Appeal Board HearingsNot showing up for an unemployment appeal hearing can be grounds for your appeal to be denied. If you are not able to attend, be prepared to provide documentation, e.g. a doctors note on why you cant be there and advise the board in advance, when possible. But make a real effort to attend even the best documentation cant overcome human bias. Showing up tells the board that youre serious, reliable, and committed to seeing this through. The information contained in this article is not legal advice and is not a substitute for such advice. State and federal laws change frequently, and the information in this article may not reflect your own states laws or the most recent changes to the law.