How to Win an Unemployment Insurance Claim

Filing for unemployment compensation can be a time-consuming process, but it doesn't have to be overly difficult. Being terminated from your job is traumatic enough without the added stress of fighting for compensation to help you through lean times. Winning an unemployment insurance claim requires persistence. You must be prepared to state the reasons why you believe you're entitled to unemployment benefits and respond to any arguments the employer makes that can affect your eligibility. The most valuable piece of advice in this process is to remain calm and approach your claim for benefits in a rational and professional manner.

Instructions

1. Conduct research about unemployment compensation procedures and your state's rules for benefits. Individual states are responsible for the administration of unemployment compensation, while the U.S. Department of Labor has federal oversight over unemployment insurance. This is why congressional approval is necessary for overall changes to unemployment compensation, such as extensions.

2. Access and read statutes governing unemployment compensation for the state in which you were employed. Unemployment insurance laws are enforced by the state's department of labor (the actual name of the department may vary). Use a variety of keywords to find the appropriate department name.

   If you're a resident of one state and worked in another state, look for the rules that apply to the state in which you were employed. For instance, in Missouri and Kansas it's common to commute from one state to another. An employee who lives in Missouri and worked in Kansas applies for Kansas unemployment compensation.

3. Obtain a copy of your personnel file. Employers are generally responsive to requests from former employees who want to review or copy their employment files. Making it difficult for a former employee to review his employment file serves the employer no interest, and it reflects negatively on an employer when it refuses to allow former employees to access their personnel files.

   Nevertheless, consult your employee handbook and state laws on the proper way to request your file. When you receive your employment file, review it carefully to check if it contains accurate information about your employment status, and in particular the reason why your employment ended.

4. Review the instructions for filing a claim for unemployment compensation benefits. States typically use online application systems for unemployment claims, which improves efficiency and convenience. Gather your employment file materials and other information necessary before you start the application process, and be prepared to complete the application in one sitting. If you have questions about how to use an online-based system, contact the unemployment office. Your claim could be denied if you fail to provide accurate and complete information, so ask for help if you need it.

5. Observe all dates relevant to your claim. Once your claim is complete, you are likely to receive notice of a waiting period. Jot down the dates on your calendar and follow up as necessary. In addition, you may be scheduled for a telephone or face-to-face interview with a claims representative, whose job is to obtain details about your employment and facts about your termination. An interview gives you the opportunity to explain your circumstances.

   Be polite and straightforward during your interview, and give honest and complete answers to each question. Winning your claim for unemployment compensation benefits is based, in part, on understanding the claims process and being able to articulate the reasons why you deserve to receive benefits.

6. Monitor your claim and prepare yourself for any opposition from your employer. This may not happen in all instances, but employers often file a response or rebuttal to claims for unemployment benefits. In most cases, this is not a personal attack but rather an employer tactic to reduce any changes to an employer's rating, which is based on the number of unemployment claims paid to former employees. If your claim is initially denied, you will receive notice of the appeals process and a hearing date. Should you wish to pursue your claim further, submit any paperwork or requests necessary to appeal the denial.

References

• Open Congress: H.R. 4213 Unemployment Compensation Extension Act of 2010
• FindLaw: Unemployment Insurance Hearing
• F&H Solutions Group: How Can I Win an Unemployment Claim
• Center on Budget and Policy Priorities: Introduction to Unemployment Insurance
• Legal Assistance Resource Center of Connecticut: Your Rights When You Apply for Unemployment Compensation

Resources

• HR.com
• Society for Human Resource Management
• U.S. Department of Labor, Wage and Hour Division
• National Employment Law Program: Recovery Act's Unemployment Insurance Modernization Incentives
• Darmouth College: Funding Family Leave and Reforming the Payroll Tax