To Win an Unemployment
Appeal for Benefits

 The years I prepared one unemployment appeal after another for well known mega-corporations, and unknown small businesses alike,  I understood well, the only reason why some people wouldn't win was because they didn't understand the first thing about how the unemployment benefits work at each step of the process.

Whether denied, or allowed to collect, initially, your state's unemployment insurance department's job is to first determine whether you monetarily qualify to receive benefits based on covered wages paid to you in your claim's base period and then to investigate and gather information to non-monetarily determine who was a fault for the final incident and whether the available information gathered during this stage of the process is sufficient to deny, or allow benefits.

When you apply for unemployment you are in fact signaling the state unemployment agency (the neutral third part)  the information you and the employer have to offer will show you cannot be held at fault for the job separation.

The results of the non-monetary determination are often, not the answer you, or the employer hope for and that when either party now has a right to signal their disagreement with the claim departments finding of who was at fault and write a to the point unemployment appeal letter.

Whether it ends up you need to appeal a denial of benefits, or the employer appeals the benefits you've been allowed to collect, it's time for you, the claimant of benefits, to prepare for the first unemployment hearing as if you have something to lose .. 

Preparing to win an unemployment hearing begins by understanding the burden of proof assigned to the party that ended the employment relationship and they have to prove the cause was good enough for unemployment insurance law.

Meeting, or rebutting a burden to prove good cause existed at the time the job was ended is what collecting and denying unemployment benefits is about when the first unemployment hearing takes place.

The Moving Party Drops the
Axe on the Employment Relationship -
They Call it a Burden for Good Reason

Good cause to be paid unemployment benefits is actually nothing less than a quasi-legal argument.  And preparing to meet, or rebut a burden to prove it can be difficult to nail down with an absence of proof.   It also doesn't help that claimants often lose sight of the actual issue on a hearing notice and go off into orbit about extraneous information with little to no relevancy to the issue.

Sometimes when someone quits for personal reasons (claimant burden to prove) an unemployment insurance law may have exceptions to cover the situation .. like quitting to follow a spouse, quitting due to personal illness.  But, regardless of provisional exceptions, or construction of unemployment laws you really do need to make sure a provision doesn't also contain tight constraints in the language used, or that the provision also gives you a pass on showing good cause for a personal reason.

The bulk of is lots of free questions and answers about getting unemployment I answered during a long drawn out recession.  

I try hard to stay focused on proving and rebutting  burdens of good cause, sometimes it worked for people, sometimes they needed the sort of help I can't provide.

Can You Collect Unemployment
When You Quit a Job

The basic rule about unemployment when you quit is you have to prove your reason was with good cause attributable to the employer.    The attribution is the hitch in the git-along for most employees.

Q&A's about quitting and unemployment may help you see why preparing to get benefits after resigning is often ineffective hindsight .. To say it is impossible to collect after a voluntary quit would be a blatant disregard of unemployment laws that usually just say you can if you can prove good cause.  

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 you're guilty of work related misconduct.

Q&As about getting fired and collecting unemployment can help you understand why it's essential to be honest with yourself and anyone trying to help you so one can see weaknesses in the employer's burden. What can they can prove to be fact? What can't they prove? What can you rebut in their story that will benefit your position?

Read the Discharged for Misconduct Q&As...

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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