The purpose of Unemployment-Tips.com is to provide anyone trying to figure out how to win an unemployment appeal hearing for benefits with a different perspective of how and why and when it's possible.
For the benefit of DIYers, I have also provided many of the official resources that I still use today that help greatly to interpret the intent behind the varying, state unemployment laws.
There is also a whole lot of discussions where i tried to shared my experience as an employee who coordinated unemployment hearings so you might avoid being unprepared to win an appeal regardless of who disagreed with an initial determination of unemployment benefits.
And this is my first tip to a claimant who did indeed, lose their job through no fault of their own .. per unemployment insurance law.
Never assume a board of review hands out second chances for an unemployed novice to do that first hearing correctly.
Basically, prepare to win the first appeal, by proving what needs to be proven, or else you've all but lost already, regardless of who is at fault.
Dire warnings aside, I was already coaching claimants in my head while I coordinated hearings for a UI cost control company before being laid off in 2006. In that year 35 percent of the total unemployed received benefits.
The chart above shows the change to just one unemployment statistic since a recession of epic proportions ended.
In 2013, only 25 percent managed to get benefits, but it is troubling that it is also, the lowest percentage recorded since the government began keeping this statistic in 1976.
Although I'm not a statistician, I do know where the basic problem lies for employees who become unemployed.
If we understood when we must be subordinate in an at-will workplace and when we can reasonably protect our position at an unemployment appeal hearing, the clouds might lift on how unemployment works, and how effective a process called attrition can be.
Every claim for benefits, has a moving party and that is what dictates a legal-like (quasi) assignment of a burden to prove good cause for ending the at-will employment relationship.
Win/wins are a rarity in unemployment insurance. In simple terms a win/win is when the claimant get benefits and the employer's SUTA is not chargeable for the benefits.
One guess .. who do you think is better schooled about fulfilling a burden in a quasi-legal first level unemployment hearing, the one who gets the bennies, or the one who pays for them?
Losing an unemployment appeal hearing frequently, results in an overpayment of unemployment benefits.
Of course, all determinations issued by the claims section (different than a hearing decision issued by an appeal section) are appealable.
This would include overpayments to a claimant, and even charges to a SUTA account not removed by the state in a win/win rarity.
An unemployment eligibility initial determination always references an issue of UI law to allow, or deny unemployment benefits.
All non-monetary, (also called merit determinations) are appealable within the given deadline. . Failure to appeal timely results in a loss of right to appeal unless you can show good cause for the untimeliness. But some states like Illinois and Georgia include the issue of timeliness on all hearing notices as S.O.P. So don't freak out.
Just be timely if you disagree with the non-monetary eligibility determination regarding any of these issues.
Able and Available
Misrepresentation of Material Fact (Overpayments are either Fraud, or Non-Fraud and the recovery provision are therefore of importance to know)
In addition, any monetary determination (the first determ. on a claim) can be appealed, but this one only has to do with the wages. The monetary qualifies the earnings to establish a valid claim.
Can you collect unemployment benefits when you quit a job?
The only good part about this question is it implies there is an outside chance you haven't already quit your job, or if you did, you might be the employee type that also has a workplace survivalist attitude.
Because voluntarily leaving a job makes you, the employee, in legal terms, the moving party who will be assigned the burden to prove good cause
Can you get unemployment benefits when fired?
It depends. Do you know you're guilty of work related misconduct, or think .. not.
Being fired from a job in relationship to an unemployment claim means you should at least have a believable story that it wasn't for willful misconduct connect with the work. Surprisingly, there are lots of people who simply don't know that what they did was wrong.
Not even after they read a definition for what work misconduct means. .
Qualifying for unemployment benefits is not the same as being found otherwise eligible to collect the benefit amount you qualified for .. especially if you quit or got fired. from a job.
Monetarily qualifying a claim is based upon the quarter of the year you filed a claim in and the wages in a look back twelve month period of time called the base period.
There are three types of base periods. Extended, Alternative, and Standard. Not all states unemployment laws allow for these to be used to monetarily a claim, but I link to a handy chart that details the monetary qualifying requirements for all of them on the laws and resources page.
If you followed the rules of an employer to collect a paycheck you should be in good shape to avoid doing anything downright stupid to hurt your own ability to collect.
Once approved to receive benefits, or simply waiting on an unemployment appeal hearing to be scheduled so you can win it and start collecting .. Youhave to follow some fairly straight forward rules of the state unemployment department to maintain your week to week continuing eligibility .. or to get the backpay when you win your hearing.
You must be ..
And not just any work, but ..
But if you turn down a job offer you should understand what might be unsuitable work for you based upon some general criteria about what might justify a
But of course .. the big question is why were you applying for unsuitable jobs. Maybe because it was the only way to fulfill ..
Relevant Q&A's conditional eligibility requirements relate toand pop up frequently when someone asks a question about
Or, any other misstep made while a benefit year is still in force.
And then, possibly ignoring your right to appeal a claim determination .. or knowing how to go about ...
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.
So you can understand the issues of an unemployment benefits appeal hearing..