Denied Unemployment Benefits
Filing for unemployment benefits can be a very time-consuming, tedious, frustrating task. Many have seen the benefits of using an unemployment benefits lawyer when going through this process.The first step a person takes when applying for benefits is to submit their information to the state’s unemployment agency. That information will be reviewed by the state agency, and the state agency will conduct an investigation that will include talking to your former employer as well as interviewing you. They want to understand the circumstances surrounding the termination of your last employment. Once this internal review by the state agency is done, they will then decide to grant or deny unemployment benefits. If benefits are granted, in short order you will be able to receive unemployment payment and benefits. But what happens if your claim is denied?In the case of a denial, you have the right to appeal, arguing that the decision reached by the state’s unemployment agency was wrong. In most cases, the state will deny unemployment claims for one of the following three reasons.
You Voluntarily Quit Your Job
Voluntarily quitting your job does not mean that you will automatically be denied benefits. The state stipulates some reasons why you could quit your job and still receive benefits. These would include medical reasons, seeking other employment, caring for a sick family member, domestic violence, or a hostile work environment. However, the state agency may deny your benefits because they do not feel that your reasons for quitting fall within the aforementioned categories.
Termination As a Result of Misconduct
Being terminated or fired because of misconduct does not automatically make you ineligible to receive unemployment benefits. In most states, the conduct would have to be very bad to disqualify you. This would include things like failing a drug or alcohol test, committing theft, engaging in a crime, or violating work safety rules. If the reasons for your termination fall under these categories, it is possible that the state will deny benefits.
You Did Not Earn Enough during the Base Time Frame
Every single state has a minimum amount of earnings that an employee must have within a set period of time before they can earn unemployment compensation. If during the review process the state agency finds that you do not meet those requirements, your claim may be denied.
Even if the immediate claim is granted, over time it could be revoked if you do not continue to meet the state’s requirements. For example, if you are offered suitable work but did not take it because you were on an extended vacation, or it is discovered that you did not report money you made while accepting unemployment benefits, unemployment benefits can be revoked.
As you can clearly see, there are a lot of regulations that go into filing unemployment benefits or appealing the denial of benefits. Richard Cellar is an experienced unemployment lawyer. He has the skills and know-how to improve your chances of success while at the same time helping you navigate the complicated world of unemployment claims.