How to Appeal an Unemployment Decision
You probably know the basics of filing for unemployment. You just go to your state unemployment office, fill out the papers and wait until they send your check. That is the simplified version--if everything goes perfectly. However, what if you have to appeal the decision handed down by that organization? This process is a totally different story. You need to gather a few extra pieces of evidence showing the true components of the story. The burden of proof is on you. Read on to learn how to appeal an unemployment decision.
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Instructions
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List the people who know and can verify the facts that occurred surrounding your exit from your former employer. Make sure they know to discuss only the facts--not personal opinions.
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Tell the unemployment specialists at your state office your story and how the other people would know about it. Do this in writing. The document will become a part of your legal case, which is what your unemployment appeal becomes. Be sure to include your name, social security number and any pertinent information about your former job.
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Gather a list of evidence and document every detail of what happened (as far back from the firing as you feel is pertinent). If everything is hearsay, you need to give names of everyone who could have heard what happened. The unemployment office will call your witnesses and former employer before making their decision on your appeal.
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Contact your state unemployment office to verify the address of where to send the appeal. The average time you have from the time of the unemployment office's original decision is 14 days. This means you need to hurry as much as possible and get your information turned in. See your determination form for information on filing an appeal.
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Continue to file for unemployment payments as scheduled until you have finished the appeal process. This way you are meeting all of the requirements asked of you and do not get off track.
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Wait until the unemployment office notifies you of their decision. If you do not agree and have something further to present, you may file for a rehearing to challenge the appeal decision after it has been made.
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Tips & Warnings
Its common sense to always present only the facts that occurred.
If you do not appeal within the time frame given, you will have to start the process over from the point where you are now or drop it.
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Comments
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Colleen Walsh Brown Its not for me just asking for a friend.
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I am so sorry this happened to you, Michelle! I can't imagine you abusing anyone! Praying this all gets straightened out soon!
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I am need advice in gathering information on falsely being of abuse of a violent mental health client that I did not do and at this time unable to get unemployment.what do I do and what do I need to support my character.I was on shift on thursday and others were on duty for two days after me but I was the one who supposly abused this young man.Say What!
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Additionally - sticking to only the facts could lose your case. It did mine. My employer lied about meetings that never took place. Since they had nothing to do with facts - I didn't challenge them. However, it appears that the judge believed their side. They should be asked to provide documentation of meetings. Additionally, when you question them about facts and they say they don't remember, keep asking. If you don't it appears that you were mistaken. Remember, your employer and current employees will come together inforce and you will be left in the cold. They lie. Don't get emotional, but keep asking tough questions. Point out the facts as you go. And, if all of a sudden all of your witnesses are unavailable, make the judge supeona them. Force the issue - even if it means you have to wait for a couple of weeks - it's better than losing the case.
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When filing an appeal there are basic points to focus your attention on: What happened that made your job so uncomfortable that a normal, reasonable person would have quit and become unemployed than to stay? Did you notify the employer and give them opportunity to correct the situation? Did things change? Stick to the facts. Don't get emotional. Even if, during the appeal hearing, your employer starts to say lots of things about your character that are not true - stick to the facts. The judge is looking for the above items solely!
