Unemployment Appeal

An unemployment appeal can occur anytime when either the employee or the employer is not satisfied with the decision made by the unemployment clerk, after they processed the first unemployment claim. Then the unsatisfied person can request a hearing that will accompany the judge who will make further decision about the issue. Often times, if the employee’s unemployment claim has been denied then he/she will go ahead and proceed with this appeal process.

For the successful unemployment appeal, there will be lengthy period of time that you will have to have a patience to deal with. Each state’s division of employment security will give out the brochures describing the appeal and hearing process and what is required. From the judge’s perspective the appeal is considered as trial, whether it is a trial regarding an employee’s claim for the benefits that were denied or not sufficient or regarding an employer whose account will be charged for the benefit claim. Therefore all the necessary legal elements of proof will have to be provided and satisfied, along with witness testifying and evidence documents.

If you were denied due to the fact that you have earned insufficient wages, then you will have to gather all the necessary materials and documents such as pay stubs and W-2 forms that will prove your eligibility for the unemployment. Then calculate to see if you need additional materials using the formula on your state’s website or by calling the agency for assistance.


Collecting Unemployment
Unemployment Compensation

Are you ready for Unemployment Appeal?

In case you were terminated for misconduct or you quit without good cause then the first thing you need to do is to read the state’s decision letter and then begin researching your state law regarding the specifics that are cited in the letter.

You can also try to obtain a copy of decision by the unemployment agent and search for similar case in the past that is relevant to your case.

If possible, do your best to gather all the materials that can show your eligibility such as work schedules, performance reviews and evaluations, any following corrective actions and testimonies from your mangers and co-workers.
 

When if you need legal assistance?

If you feel like you need more further legal assistance, then consider hiring unemployment lawyer. In case you don’t have enough funds, then you can still try contacting your local Bar Association or legal aid organization in your area.