How to Appeal an Unemployment Disqualification
If you've been denied unemployment benefits, you are eligible to appeal. If you're able to work and are actively seeking employment, you've been denied benefits because either you earned insufficient wages, you were terminated for misconduct or you quit without good cause.
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Instructions
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Earned Insufficient Wages
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1
Gather any materials you can use to prove your eligibility for unemployment, including check stubs, W-2s and letters from your employer.
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2
Calculate whether or not the additional materials justify your unemployment appeal. The formula can be found on your state's unemployment website, or you can call the agency and ask in person.
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3
Draft a letter of appeal. Include the additional materials and a statement of method showing how you have reassessed your eligibility for unemployment.
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4
Mail the letter, along with a copy of the notification of denial, to the appellate division of the unemployment office.
Terminated for Misconduct or Quit Without Good Cause
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5
Read the notification that states the justification for the decision.
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6
Research you local or state laws relevant to the decision. The specific statutes should be cited in the notification letter.
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7
Obtain a copy of the digest that is used as a reference for decisions by the unemployment agents. This is public record and may be available on the office's website. Note cases and precedents relevant to your own situation as well as the definitions of "misconduct" and "good cause" implemented by your state.
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Gather additional materials that could bolster your case, including work schedules, employee evaluations, corrective actions and first-hand testimonies.
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9
Draft a letter of appeal citing the relevant cases in the digest, and include any other information that could bolster your appeal. In particular, show how the definition of either misconduct or good cause was incorrectly applied in the decision.
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10
Prepare for your hearing. You should be notified within two weeks whether or not your appeal is accepted. If it is, the decision goes to a hearing. If your appeal is strong, your hearing should not be a problem.
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Tips & Warnings
Continue to claim benefits after the initial notification of unemployment denial in case the decision is reversed.
Most states follow the definition of misconduct established in Boynton Cab v. Neubeck.
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Comments
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What kind of hardship qualifies you for unemployment. living in the streets with no car is that hardship enough to move to another state and get my unemployment.
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I got a denial from unemployment because they said the company haven't filed there quarterly earnings how do I appeal this I worked there 7 months got laid off company willing to pay state gave the denial.
