I'm going to venture out on a limb and assume you've been looking for information about why you have been denied unemployment benefits, or why your employer has appealed your right to collect them.
Well, I have something in common with you if either of the scenarios above fits your situation. I too, was forced into fighting to keep my benefits at an unemployment appeal hearing initiated by my employer.
But, I clearly understood why I wasn't at fault for having no choice, but to quit my job as an unemployment hearing consultant.
But, that I knew why, didn't stop my employer from appealing frivolously, all the way to a board of review that they didn't give me good cause to do so.
But that was way back in 2009, the same year, I not only voluntarily quit my job, but also collecting benefits.
Simply, I'd had enough. Enough of giving someone the power to rule over me while I work.
But given I will probably always have to work .. even when I reach retirement age. I knew the real problem with collecting the remaining benefits was my bad attitude.
I wasn't willing to keep on complying with conditional eligibility conditions that say you must apply for jobs and take an offer of suitable work .. to work for an employer to collect .. either.
Losing, or worse, an overpayment of benefits was precisely what had me frozen from trying to earn one dime of income from this website ..
I just knew too much about how unemployment benefits work to risk it.
Although not an exhaustive list of the questions to ask about a loss of a job .. I have a couple basics ones I need to ask to get myself into an objective frame of mind about an unemployment burden of proof.
Can the employee prove they
Can the employer prove the ..
It's important to understand as an employee, why the burden of proof can be your strategic advantage to getting, or KEEPING benefits.
But, I'm sort of putting the cart in front of the horse here ...
When you file a claim for UIBs a stepped process begins.
You will first be qualified on your wages paid in a base period by "covered employment" . (Meaning subject to unemployment insurance tax).
If all looks good, including the weekly benefit amount (WBA) there is no need to appeal, but if you think unemployment pay should be more, or wages seems to be missing from the base period (BP) get that appeal in on time and gather your evidence.
A base period is relevant to the quarter of the year, you filed a claim.in and the weekly benefit amount is relevant to your highest earning quarter.
There are of course other questions about qualifying monetarily
Such as ...
How much does unemployment pay?
Will a pension reduce benefits?
Do Social Security payments reduce benefits,
Alternative base periods that can be used to qualify a claim?
When a claims adjudicator calls to ask you and your former employer questions about how you came to lose your job, they are trying to learn enough to know if the burden of proof seems to of been met .. to issue a determination attributing fault for you being unemployed.
So, the second determination on a claim is called the non-monetary. It's also the one appealed most often .. by employers and the occasional claimant ..
Employee questions don't really focus on information as being that which fulfills or rebuts a burden .. but I do.
Can I collect unemployment when always .. always involves an issue of law that will also be listed on determinations, hearing notices and hearing decisions.
That any, or all of them will be of help so you see the steps to prove an issue about your separation from work and help you stay in charge of continuing eligibility conditions that can affect the benefits in your safety net.
A Tribunal Unemployment Appeal Hearing should be considered your only opportunity to get, or keep unemployment benefits.
This first level hearing is intended to put to rest, any further argument over what the facts of the separation were.
Tips and insights often included discussion about one of the following.
1. Unemployment appeals are letters that request unemployment hearings to be scheduled.
2. An assumption that a Board of Review listens to appeals about the facts surrounding your separation.
Because every unemployment claim determination, or hearing decision is supposed to be a fair and impartial doesn't mean an unemployed person has no responsibility to compel a hearing officer to issue a fair and impartial hearing decision.