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Why You Should Know How You'll Win an Unemployment Appeal Hearing When you Apply to Collect Benefits

By the time the great recession was in full swing,  recently unemployed people were asking  lots of  questions. about how unemployment insurance benefits work.  And not in general terms, but for themselves as individuals.  Many were not the stereotypical unemployment claimant, but the hardworking victims being tossed out the window by over-used corporate downsizing strategies  meant to prove employee fault for the loss of their own job .. vs. indefensible lack of work claim  for any business.

Yet, whether these people  realized it or not, they were still asking if I thought they could meet, or rebut a burden of proof  good cause existed at the moment they became separated from their job in relationship to the party that ended it.

Thankfully, when I was laid off,  I knew there were more questions and even other things to be aware of than just how UI  is supposed to work.  

I believe my sorta unique perspective on how and why it works the way it does can be beneficial if you're trying to find some light.  

You are free to explore freely and acquaint yourself with the basic strategies that often win an unemployment appeal hearing for a business interests, and those used to stop unemployment benefits before the job ends and well before the first UI hearing is scheduled.

Personally, I found that some of those strategies came with a human cost that plagued me after quitting time each day.  But, even that can't help me help you if you choose to ignore what a legitimate quasi-legal merit is .. relative to your situation.  

Some of you will find you have very real potential to argue effectively that  quitting a job was with good cause and getting fired was for something other than work related misconduct.

Some will feel regret you didn't know some of what's here as an employee.

And so I don't leave you out .. I might of found what was really needed was plain old responsibility .. and personal accountability .. Because there are those among us who cut of our own noses to spite our own face.

The First Question Should Be .. Can You Prove Your  Story to Be The Facts Accepted as The  Most Credible After the First Unemployment Hearing?

I know some you think you had no choices left toward the end of your job that might of helped you avoid an impulsive decision to quit your job, or your boss's decision to discharge you for a reason .. not your fault.    But that why I have repeatedly made suggestions about documenting and counter documenting as an employee.  Documents, when relative to the issue which allows, or deny benefits and to the cause for a quit, or discharge .. can also be called evidence which weights testimony as being more credible.

Some of you will be absolutely correct to argue on principle without evidence to support your position, but this alone, does not change the way unemployment has always worked for everyone involved .. who already know what to focus on doing at a hearing.

Interested parties to the UI process include the employee, employer and any third party employer representative that might handle claims for an employer(such as I used to work for). And of course, the state, acting as the neutral .. unbiased administrative unemployment insurance agency mandated to make all decisions fair and impartial in accordance with laws and case law, about who's right and who is ultimately, at fault.  

I cannot say tell you  you're right, or wrong to file for benefits, let alone file an unemployment appeal, but if repetitive job experience and the free and general information I offer means anything, know I based it on what employees proved to me over and over when I thought they had a good shot at proving they were fired from job due to no fault of their own, or resigned for reasons good cause enough to potentially collect benefits.

They fell short of the follow through to prove their story as the credible facts at the   FIRST unemployment appeal hearing ..  and sadly for many .. because they thought an unemployment insurance board appeal was some sort of second chance do-over.

So, What Do I Have to Prove To Collect
And Keep My Unemployment Benefits?

Excellent question!  In fact, I wish that before someone asks a question about quitting, or getting fired they would take a few minutes to ask in consideration of the burden of proof assigned to the moving party.  

The burden is central to evaluating your odds of winning, regardless of the party  that must sustain it at a hearing.. this is true even for professional unemployment hearing representatives. 

Can You Collect Unemployment If You Quit a Job

Of course you can.  I know this is so because the possibility is included in every individual state employment security act (another name for unemployment laws) and I did it .. once, but then I already knew what it was I had to prove to have good cause.

I'm not telling you it is an easy thing to do  to prove good cause.  But  I am telling you having good cause and then figuring out that it's what you didn't do as an employee the can prevent you from fulfilling and meeting the burden of having good cause to quit and collect unemployment benefits  and is part of the strategy relied upon by some employers.

Read Questions and Answers About Collecting Unemployment After Voluntarily Quitting a Job

Can You Collect Unemployment Benefits When Fired

I have found after speaking to many people who have been fired from their job that it's  employees who are focused on working in the best interest of an employer .. that are given to pondering  how they might of actually been responsible for being fired.  

All I got to say  is  .. knock that off, at least for now, and read a famous unemployment precedent decision which defined what work related misconduct is, so you know what your former employer is up against in general terms to prove their burden of having good cause.

Getting fired can be ego bruising, but at least you didn't quit without proof of good cause.

Read Questions and Answers About Getting Fired for Misconduct, or Something Other.

Accepting, Refusing and Quitting Suitable Work

What is the opposite of suitable work?  Unsuitable of course. 

So I ask you, if collecting unemployment benefits requires that you not refuse, or quit suitable work  without good cause isn't it a good idea to know some criteria used by a UI dept. that helps them establish what makes any job suitable to you

Questions About Suitable Work

Special Unemployment Benefit Caution For
Employees of Temp Agencies

Temporary staffing outfits serve a useful purpose in that permanent employment seems to be a thing of the past, or something we have to now tryout for.

But being an employee of a temp agency who sends you out on temp assignments, is not much different than being a permanent employee whose work schedule is contingent on receiving suitable work assignments.  

But, a number of  state UI laws include special voluntary quit provisions just for temp employees which require you to be informed and on your toes .. always, for those times when the temp agency can't provide you with a suitable temp assignment.

Click to learn about being a temp employee.

Unemployment and School

If you are collecting unemployment benefits when you start school, or training, you are raising a flag for the unemployment department on a conditional eligibility issue to collect called being Able and Available .. for work of course.  Some state unemployment laws even have special provisions to address this situation.  Of course interpreting how a state law is applied to the issue can be confusing .. so thank goodness for the state by state UI law comparison charts.

Questions about Unemployment and Going to School

Qualifying Monetarily for Unemployment Benefits

Most unemployment claims are initially determined two ways.  First, you get what they call the monetary determination.  It qualifies you for the amount of benefits you can receive, based upon wages paid to you during your claims base period and determines the weekly benefit amount you will receiving if found otherwise eligible to receive benefits based upon the reasons for separation from a job.  Some people believe the first monetary determination means they get benefits .. If only it were really that simple.

Questions About Qualifying for Unemployment Benefits 


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