Unemployment-Tips.com began with a simple idea that someone should try to explain to, the unemployed person, what they should know about .. how to win the first unemployment appeal hearing to collect, or keep benefits instead of losing a chance to collect or avoid repaying benefits approximately seventy-five percent after the decision is made.
But to explain to an individual why only an approximated half of that seventy-five percent have individual case merits to win and how to use those merits to win a first level tribunal unemployment hearing .. isn't always simple, but a process involving preparation .. much like that which should take place before an appeal hearing.
As an employee, I coordinated unemployment appeal hearings for an employer. The industry, I worked in was UI claims management which many thousands of employers choose not to live without.
But that's the job experience I learned from. And learn I did. I learned how to use the appeal process and the same basic tried and true concepts an employer, or you can use to argue who was at fault.
If you have filed for unemployment benefits because you believe you weren't at fault for the loss of your job, you may not know what the burden to prove is, let alone how it affects how you approach preparing to win unemployment benefits if you quit, or get fired.
The process for determining fault once you are allowed, or denied benefits by the initial claims gatekeeper, (adjudicator) is mandated by UI law to be a first level unemployment appeal hearing.
A hearing is mandated to be an impartial process. And from the perspective that it is the the moving party must meet their burden of proof via the standard of law used to find fault to decide whether unemployment insurance benefits should be paid, or denied for a second time.
The good news .. an unemployed persons concerns about getting benefits are usually addressed under one set of statutes out of fifty separate state employment security acts, i.e. unemployment laws that vary in their strictness, or generosity to those needing benefits, and even those who pay for benefits .. the employer .. who upon occasion, will overlook a non-charging provision in favor of fighting a former employer tooth and nail over benefits.
Read the full disclaimer here: Unemployment-Tips.com provides only information with the perpetual hope it may be potentially educational for those looking to find alternative advantages to the disadvantage of ignorance which denies benefits that might otherwise be yours.
A state unemployment website might explain to you that unemployment appeal hearings are informal. But informal does not mean that all first level appeal hearings aren't still quasi-legal proceedings of a state administrative law agency.
You can report your experience to Unemployment-Tips.com if you think you were given an impartial shake at your first hearing.
Yet it's often too late and a lot more speculative as to whether even an unemployment expert can undo any damage made on the record of the hearing to support a valid appeal to a board of review.
Click here to find professional unemployment/employment services - the earlier, the better.
Expert representation is a highly underused service by claimants that has been shown to generally double the odds of winning a winnable case on it's own merits .. focused on the burden of course.
You need to know what the basics standard of law is a preponderance. And a moving party must meet that burden to sustain GOOD cause to of been the moving party.
I hate to break it to you, but unemployment appeals are not only a favorite, but a sound, quasi-legal maneuver a company I used to work for used all the time.
Appealing an fighting unemployment benefits at a hearing was the name of the game I played and frequently, whether I could see the merits to justify an appeal, or not.
You could save your appeal rights also and file an unemployment appeal using this generic letter
And then of course, how it might be proven to show your former employer was actually at fault.
Getting fired or being terminated from a job, should mean you're willing to explore the discharge from a perspective often not natural for an employee.
It's a former employer who is required to meet an initial burden that relates the cause for firing you to a legal concept of work misconduct, but only when/if you file a claim for benefits.
Otherwise, a boss doesn't need a good reason to fire an at-will employee, if they don't mind getting benefits is always contingent upon them being able to prove work misconduct. Read more about getting fire and unemployment benefits
Good cause to quit a job on the other hand doesn't have a specific definition that spells out bad employer behavior justifying an employee to sever the at-will employment relationship with good cause to collect unemployment.
But there are a few guidelines that can help us wrap our head around what a good burden of proof might contain to receive unemployment benefits after quitting a job. Read more about good cause to quit a job.
An unemployment appeal is a letter - sometimes just a form - which signals your intent to disagree with a claim determination, or a hearing decision.
What an appeal is not, is another chance to pour your heart out and just hope for the best. Read more about unemployment appeals and hearings.
Questions about collecting unemployment benefits often ignore the basic burden that still has to be sustained in the event it comes down to a first level unemployment hearing.
I answered thousands. before I started to categorize them under the basic burdens and issues below.
Of course you can. I know this because the possibility is included in all state employment security act (another name for unemployment laws) and I wasn't shy about reiterating why most who quit .. can't fulfill their burden of good cause to quit.
Sometimes it still amazes me how some employees can misinterpret their own work conduct being their fault, while others seem clueless that what they did as an employee reeks of intention or negligent irresponsibility. Did you read the definition for misconduct?
Now ask yourself, "How will my employer prove I'm guilty of some part of that definition.. pr
What is the opposite of suitable work? Unsuitable of course and you're not required to accept what is unsuitable work before, or after you begin to collect unemployment benefits.
Accepting and not refusing, or quitting suitable is a conditional requirement to collect benefits. However, what is suitable work for you as an individual is conditioned upon certain factors .. and some of the factors can be subject to certain requirements included in individual state unemployment laws.
Timed for my pet peeve.
I will not deny that temporary staffing agencies serve a valid business to business purpose, in that they help other employers avoid the hidden costs to employ people .. such as paying an adjustable unemployment tax rate based upon an experience rating for unemployment claims paid due to no fault of the employee.
Enter the friendly temp staffing agency to take on this burden of paying employment related taxes.
These agencies basically rent it's employees out to other business. Because it relies on a contingent workforce, a temp agency will incur a much higher UI tax rate than permanent employers because new "suitable" temp assignments will not always be available for all it's employees.
This leads me to what peeves me. A lack of work claim is an indefensible claim for an honest employer.
But for many temp agencies, a lack of work just means there is a need to get creative with new strategies that can be used to deny benefits to it's contingent employees.
The resulting high tax rates levied against staffing agencies has not gone unnoticed by the temp agencies themselves. In fact, strategies resulted in SUTA Dumping Laws.
But, like they say, when one door closes ...
A number of state legislatures have written provisions into unemployment laws that benefit staffing agencies with special voluntary quit rules. Such as when you don't call for a new assignment .. usually within 48 hours of an assignment ending. And many are not opposed to protesting benefits this way .. even if you did call .. because many temporary contingent employees can't prove they contacted their agency.
The problem with unemployment benefits while going to school is a conditional requirement to be able and available to accept suitable work .. and of course to keep searching for a suitable job.
However, the treatment of students and those in re-employment training programs collecting benefits can vary widely depending on the state you're collecting unemployment benefits while in school, or training.
PS I am not a WIA expert, but I do know something about A&A (able and available) issues and where to find provisional exceptions .. state by state.
Most unemployment claims are initially determined two ways. First, you get what they call the monetary determination. It qualifies you for the amount of benefits you can receive, based upon wages paid to you during your claims base period and determines the weekly benefit amount you will receiving if found otherwise eligible to receive benefits based upon the reasons for separation from a job. Some people believe the first monetary determination means they get benefits .. If only it were really that simple.