3 Tips To Help You Appeal An Unemployment Denial
Losing your job can be difficult, but receiving notice that you have been denied access to unemployment benefits can make things worse. While many people believe that a denial is final, there are ways to appeal this decision.
Here are 3 tips you can use to help you effectively appeal an unemployment denial in the future.
1. Prove that you did not voluntarily quit your job.
In order to be eligible for unemployment benefits you must prove that you did not voluntarily quit your job. Most people believe that quitting makes them ineligible for benefits, so being denied for this reason seems justified. It is important for you to understand that there are some situations where quitting a job does not negate your access to benefits.
If you left your job due to a persistent medical condition, unsafe working conditions, or a spouse in the military being transferred to a new location, you may still be eligible to receive unemployment. Working with a lawyer to prove you had good cause to quit can help you appeal your unemployment denial.
2. Prove that you were not fired as a result of misconduct.
Being fired from a job for poor performance or violation of company policy will certainly result in the denial of unemployment benefits. If you were terminated for your job and you feel that you did not do anything to warrant being fired, you may be able to appeal your denial.
Hiring an attorney with experience appealing unemployment denials could help you prove that you were not fired for an offense that would disqualify you from receiving unemployment.
3. Prove that you do not embody any disqualifying factors.
In order to be eligible for unemployment benefits you must be able to prove that you are a bona fide employee. Independent contracts are not eligible for unemployment, since these individuals are considered self-employed. If you have been denied unemployment, but you received a W-2 from your employer, then you can prove that you were actually an employee. Independent contractors do not receive W-2 forms, they receive a form known as a 1099 instead.
The length of time you have been employed can also be a determining factor when it comes to unemployment benefits. If you have been denied due to length of employment, be prepared to prove that you have been working for your employer for at least one year. This is the minimum time period for eligibility in most states.
Being denied access to unemployment can be heartbreaking, but knowing how you can appeal this decision will help you gain access to the benefits you need while you search for a new job. Talk to places like Law Office of Matthew J Brier for more information.