Reasons an Employer Would Contest Unemployment Benefits

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Each state provides unemployment benefits to people who are jobless through no fault of their own. These benefits aren’t guaranteed to anyone. You must apply for them and go through a verification process to receive the payments. Your state’s unemployment board will contact your previous employer to verify the details of your separation from them. Through this process, the employer has the right to contest your claim and show proof that you don’t meet the requirements for unemployment benefits.

Fired for Cause

The most common reason an employer would contest unemployment benefits is that the company let go the employee for just cause. Unemployment benefits are only available to those who are unemployed through no cause of their own. If you were fired from your position for something such as lying, stealing or insubordination, you aren’t eligible for unemployment benefits. Although it will be the burden of the employer to provide proof that you were terminated for just cause, the employer can provide evidence or witness statements to help substantiate his version of events.

Voluntarily Left

Unemployment benefits are not available to people who left their previous employment voluntarily. Walking out on a shift or work day will disqualify you from unemployment benefits. Just not showing up to work again is voluntarily leaving your position. Even if you give sufficient notice, it doesn't change the fact that you've separated from the employer voluntarily.

Sometimes it’s tricky to determine whether you were fired because you stopped coming to work or whether you quit by not coming to work. However, either situation disqualifies you from receiving unemployment. Your employer is likely to contest your unemployment claim with witness statements that show you left on your own accord.

Minimum Work

Most states also require that you work for the minimum amount of time with an employer to be eligible for unemployment benefits. Each state has its own requirements, but 90 days is an average amount of employment necessary for to qualify. If you worked with an employer for less than time than required by the state, the company will contest your claim on the basis you haven’t worked long enough.

Still Working

Some states offer you partial unemployment benefits if your hours see a significant cut. Each state has its own requirements, but you usually must lose at least half of your hours. If your employer believes that the drop was temporary or not enough to qualify for partial benefits, you will receive a benefits appeal from them. During the process, your employer will provide evidence such as time cards that you are still working the same or similar hours.

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