Getting and Keeping Benefits After Unemployment Appeal Hearings

My name is Chris and my point of view is why would anyone apply for unemployment benefits after they quit a job, or got fired from one,  and not want to know they should seriously consider they may also need to  be prepared to win an unemployment appeal hearing to get, or keep unemployment benefits.

Let's begin with some basics, and the very legitimate reasons someone might file an unemployment claim in the first place.

You think you lost your job through no fault of your ownbut you don't know fault, is determined after a state gathers non-monetary related facts and then relates them to laws, which you might not fully understand.

Yet,  after you appeal an initial denial of benefits, or your employer appeals because the initial determination allowed benefits,  most unemployment appeal processes  assume you, the average at-will employee, knows and understands the reasoning used to apply a statute of law well enough, to effectively argue your case to an issue of law in a quasi-legal hearing setting .. where your employers, are frequently represented by professional unemployment hearing representatives.

Oh my .. can anyone say attrition ..

Percentages that collected unemployment by state in 2006

The Three Valid Reasons to  Apply for Unemployment Benefits  

If three reasons doesn't sound like enough it's because I'm just getting the basics for all claims and all, found in Employment Security Acts, i.e.,  a common name for unemployment laws.

You're laid off, you quit, or you're fired.

Why no special page for being laid off for a lack of work?  It's the only reason an employer can confirm which inherently admits you were not at fault for your separation from work.

After you apply for unemployment, the claims dept. immediately notifies the employer which reason you chose on your application.  The state expects a response, and they may also ask the employer for wage information  for the first determination issued on all claims.  It's called  the monetary determination and it doesn't make you eligible, but qualified if you are determined eligible.

However, when you apply, you're not only saying you think you have qualifying wages, but are actually saying ... you lost your job through no fault of your own and think the non-monetary determination issue next should find no fault on your part, but your employers.

So, the typical order of a paid claim might go something like this ..

  • Determined to have earned enough to qualify for a weekly benefit amount
  •  Determined to of been laid off for a lack of work
  •  Fired for something not  misconduct 
  •  Voluntarily quit with  good cause

What you should be aware of if you are initially allowed to collect what you monetarily qualified for .. is you're not the only party to your claim with unemployment appeal rights to reverse an initial determination. 

But most people asked me questions only after they were were initially denied unemployment benefits and worse, after they had already lost the first unemployment appeal hearing.

  • Some quit their job with good cause.  Yet, most  resigned in a way that could be an example of how not to quit a job .. or at least without anything to serve as proof of good cause.
  • Some are fired from their job.    Yet, most didn't feel the gravity, or extent to which their employer might go to prove it was for something that meet the definition of work misconduct.  or a valid objective argument to rebut  it was for something  other than  work misconduct.
  • Some were allowed benefits for a legitimate lack of work claim, but ran into trouble with some of the conditional eligibility requirements for maintaining benefits. such as suitable work, able and available, or the required job search.

Tips About Preparing for an Unemployment Appeal Hearing

Tip #1 comes from a conversation I had with a hearing officer who conducted appeal hearings.

Tell them not to throw mud at the wall hoping it will stick.

Basic I know, but apparently, he thought it needed to be said.

The ability to win requires an objective approach .. which is not how even I, normally like to roll, but I had lots of practice setting aside how I felt sometimes at work.

There is no better on the job training that repetition.  

So, I repeated and repeated answers about  the appeal process, unemployment insurance benefits eligibility requirements and issues .. until repeating myself felt futile and quit to do something I thought would be even better.

Here are the  Q&As  about getting unemployment benefits

They all appeared at one time or another on the Unemployment Appeal  blog.

Identify The Party Who Must
Prove and Sustain Good Cause

Did you know non-attorneys can practice unemployment law in thirty-nine states.

Did you ever think you'd have to consider who must sustain a "burden of proof" as part of your winning appeal strategy.

"What's My Line" -   A panel of celebrities in TV's younger days,  They asked questions of a contestant to peg their precise occupation.

What's The Story
Behind The  Unemployment Appeal?

Common Unemployment Benefit Questions are one thing, but Answers were intended to focus a story on issues of UI law.

Undoubtedly,  I lost the attention of a lot of unemployed people .. just by asking .. too specific a  question to drag a part of the story out I sensed might not of been shared with me.  

Whatever the case, my intent was to focus YOU to see your issue of law matters.

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