For many people, losing a job can be devastating financially and emotionally. In most cases, a person who loses their job will file for unemployment benefits as a way to have an income while searching for a new job. However, many times these claims are denied based on a variety of reasons. When this happens, the person has a right to appeal the decision, but must be prepared for a tedious and complicated process that can take many twists and turns along the way.
Appeals for denied unemployment claims must be promptly filed, usually within 10-30 days from the date the state unemployment agency mailed out the notice. Most notices will contain information on how to appeal the decision, and may often include an appeal form.
Once an appeal is requested, a hearing is scheduled where the person may present evidence to support their case. This can include providing paystubs or other information indicating the benefits should be granted. However, the employer also has the same right to provide information to the contrary, so it often becomes a situation where credibility comes into play.
Witness testimony can be used in these hearings, and can be done so with either written statements from individuals or having the chance to question them in person at the hearing. Witness testimony is often important at hearings where the reasons why a person left their job are being disputed, such as if there have been allegations of sexual harassment.
After all the evidence and testimony have been presented, the person in charge of the hearing will make their ruling. If the ruling goes in favor of the employee, they will be able to receive their unemployment benefits even if the employer chooses to appeal to the next level of review. The advantage to winning these appeals is that once a positive ruling is given, benefits are administered until a different ruling is handed down. However, if benefits are denied, an employee can appeal to a second level of review and, if needed, to their state’s court system.
In order to deal with this tedious and complicated process, many people turn to attorneys who specialize in unemployment law. To make the process much easier and effective, many people hire unemployment benefits attorney Richard Cellar to handle their case. With his many years of experience and professionalism, he is ready to fight for you and your rights.