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To Win an Unemployment
Appeal for Benefits

After years of prepping one unemployment appeal hearing after another for well known mega-corporations, and small businesses alike, I knew the reason many unemployed people would be denied unemployment benefits was because they rarely prepared for an unemployment appeal properly, let alone possessing the knowledgeable experience and verbal skills of a professional unemployment representative... such as those I contracted to present the employer's verbal argument once at the hearing.

Unemployment Insurance eligibility hearings are quasi-legal administrative law hearings .. and you only get one shot at winning the first and only, full fact finder hearing where you have rights to due process including exploring through testimony, corroborating with documentation and witnesses, cross examining employer witnesses, objecting to questionable procedural rulings and presenting a closing argument to shine a light on a focused quasi-legal reason you actually deserve to collect the benefits.

It may be ironic, but for me, it's easier to explain how to win appeal hearings to keep benefits, by trying to explain what people do, or usually don't do, that causes them to lose one.

Unemployment Eligibility -  Proving a Burden for Good Cause

Meeting, or rebutting a burden to prove good cause existed, or didn't, at the time the job ended is what collecting and denying unemployment benefits is about from here on out, until the first unemployment hearing is over.

Did you know the most common reason an initial non-monetary determination (determines eligibility to collect the monetary)  is disagreed with is not an appeal for a denial of unemployment benefits?

It's usually an employer (or their third party claims management provider) disagreeing with a determination because someone was allowed to collect benefits.  The reason for appeal is often generic because the purpose is to save an employer's right to appeal. Frequently,  this is necessary after an employer first failed to respond with adequate, or complete information when asked for it at the initial determination phase of a claim.

And my experience did not mean I was oblivious to the downside of what is just considered best practice.

But, some do think it's wrong for me to have any concern whatsoever for the person who might not actually deserve to collect benefits but ends up being paid benefits .. temporarily.  

Well hell, rake me over the coals for having personal a problem with indifference being a not insignificant part of best practice that causes even greater financial damage to an unemployed person than losing their job through their own fault. 

The bulk of is  free questions and answers about getting unemployment  asked during a long drawn out recession and some of the best practices of employers could upon occasion shock even jaded old me.  

However, as much as I tried to help those I knew shouldn't collect benefits .. I found getting an unemployment claimant who I thought had an eligible claim to collect, as difficult to show why it's important to focus their efforts on how to prove, or rebut facts related to guilt of misconduct, or good cause to quit instead of the fresh hurt feelings from losing a job through no fault of their own.

It's time to learn about the basic burdens of proof and what unemployment laws expect you to focus on to win an unemployment appeal hearing.

Also useful to know .. is unemployment benefit decisions are often connected to  employee rights relevant while still employed .. because of the reasonable person standard used in unemployment law that goes to credibility. 

Now, onto questions about unemployment benefits by category.

Can You Collect Unemployment
If You Quit a Job

The basic rule about unemployment when you quit your job is you're the one who has the burden to prove good cause.  

So, is your good reason to quit good enough to meet the quasi-legal burden you must prove for it to be good cause to assign the fault to your employer, or are you the hyper-sensitive type mentioned in UI laws?

Q&A's about quitting and unemployment can be helpful to see why preparing to get benefits before resigning is a best practice employees could stand to practice .. just as if they were an employer.

Read the Voluntary Quit Q&As...

Can You Collect Unemployment Benefits When Fired

The basic rule about unemployment when you get fired is your employer must prove  guilt of work related misconduct.

Responsible employees, are given to ponder their own culpability.  But even irresponsible employees could benefit from critically evaluating if they are guilty because that's when actions can be seen to meet the definition for work misconduct.

Q&As  may be helpful to see protecting your own best interests while employed .. isn't misconduct, reasonable to another similar and reasonable person.

Read the Discharged for Misconduct Q&As...

Accept, or Refuse Suitable Work

What is the opposite of suitable employment? Unsuitable of course. But, for purposes of unemployment benefits the scope of what suitable work for you is, is conditionally important to continue collecting and suitability is limited to certain criteria and the choice of work you accept, or decline.

Questions about Suitable Work

Unemployment for Temp Employees

Temporary staffing outfits serve a purpose now that permanent employment seems to be a thing of the past.  But working for a temp agency, is in many states, no different than being a permanent temp employee.  Especially, when a state UI laws include a special voluntary quit provision for temporary workers.   

Click to learn about temp worker provisions. 

Unemployment and School

Qualifying for Unemployment Benefits

Other Unemployment Eligibility Questions and Answers

All unemployment eligibility questions as far as I'm concerned can lead to an unemployment hearing and the questions and answers are not confined to how to get unemployment benefits initially, but branch off to various conditional eligibility issues of keeping your benefits intact and unflagged.

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