Believing you lost your job through no fault of your own is not enough to win an unemployment appeal, as many unemployed people who have already lost an unemployment hearing, can attest to.
Getting and keeping unemployment benefits is as much about being prepared to win for those claiming benefits, as it is for the company with a very real and vested monetary interest in denying benefits.
If you think you paid a tax on your wages to collect regular unemployment benefits, only people in three states would be able to prove it if they showed it as a payroll deductions on a pay stub.
But then Unemployment-Tips.com's wasn't begun to explain unemployment tax issues, but is a valid point for fighting claims .. legitimately.
Instead, I decided to try to explain to unemployed people how not to lose an unemployment appeal when there is the potential for winning based on real merits .. i.e., provable facts which lead to a company being charged for the benefits paid to those who did in fact, lose their job through no fault of their own.
Many businesses fight both legitimate and frivolous unemployment claims without regard to what really happened.
The question I have about the way unemployment works today is the human cost that justified amoral, and frivolous appeals while I worked for a cost control company.
Even unsustainable appeals can be entirely focused, on what can be proven to satisfy an appeal authority and result in a favorable ruling that ignores what really happened because the claimant didn't know how to prove a part of their story as credible.
Employers know what makes many a good appeal case weak for a claimant. It's you the inexperienced claimant.
You must also know what makes your employer's case weak. Furthermore, to win, you must learn how to exploit weakness via a valid argument, which is often strengthened via a cross examination of your employer's direct witnesses with first hand knowledge.
Digging into details draws the cause for your separation out into the light so the situation can be fully explored.
This is difficult for the novice unemployed person who up until this first level unemployment hearing, may of felt victimized by the witness they now face.
Although I am not an attorney and do not offer answers as legal advice, I know more than enough about how unemployment works, to know many unemployed people lose appeal hearings for no other reason than not knowing how to prepare for one, or how to effectively represent winning facts against an employers guarded argument.
But then, I learned about this stuff when I had a job which included contracting professional unemployment hearing representatives for employers and they are the real unemployment experts everyone could benefit from having easy access to.
If you are about to embark on self representation, my advice is to focus your argument on unemployment law and to seriously consider how strategic knowledge of who has the burden - because they chose to end the employment relationship - can lead you to better use of the rules of procedure that govern the conduct of and administrative unemployment law hearing to ensure you are getting a fair and impartial shot at winning.
Because the first hearing, is usually everyone's last chance to get, or keep your unemployment benefits using those rules of procedure .. to avoid an overpayment.
I am not overstating the importance of the first hearing.
Lose it, and I'd lay odds you're done for .. unless the "record" proves you protected your own rights to due process .. well.
I don't think there's a question about collecting unemployment that knowing the answer .. wouldn't be more beneficial while you still had a job, but most employees are not that proactive about heading off appeal troubles.
I mean, that is the period of time, when smart employers prepare to deny benefits, if an unemployment hearing becomes necessary.
You may need to learn some basics that help readjust your mental outlook from the emotional perspective of a victimized employee , to what the unemployment law demands, objectivity and reasonableness as a pro se participant in a quasi-legal administrative law proceeding.
The reasons for a job separation can fall short of a burden when a party didn't take steps to fulfill the burden of proof while that relationship still existed.
The following are the two questions I'm asked most often.
But if you don't get understand what the burden is, or who gets that hot potato .. you cannot evaluate the strengths and weaknesses of your own case.
An unemployment claim is an initial, two step process. Because states run the mandated unemployment insurance program under wide guidelines the processes can vary slightly, but this also adds to the confusion, until you get some multi-state unemployment insurance experience under your belt.
So, for purposes of finding monetary questions about an unemployment claim easier, I filed them under unemployment insurance questions.
Yippee, you earned enough to qualify.
When you have been monetarily qualified and informed of how much unemployment will pay, your claim is then investigated to find out if you are eligible to receive unemployment based upon the facts surrounding the reason and cause for separation from your job.
This is the point where those charts at the top of the page come in handy to find out if you live in a pro employer .. or pro claimant stated, but overall, it is estimated seventy-five percent won't fare well nationwide and will be initially be denied benefits for one, or more of the following basic issues of unemployment laws.
Unless, an interested party to an unemployment claim ignores their right to appeal a determination on a claim to the appeal section so a lower authority tribunal hearing can be scheduled for both parties to come together in front of an administrative law judge, hearing officer, hearing examiner, hearing referee, or whatever the title -
Unemployment appeal hearings are also called, full fact finders. Probably because you are allowed to testify, submit evidence, call witnesses and cross examine the other party's witnesses. You can also make objections and requests on the record created by this first and only hearing level for appeals.
If three reasons doesn't sound like enough, don't worry, there's enough sub categories once you start reading interpretive guidelines to cover just about any unique separation situation you're still a bit off-balance from.
There's no special page for being laid off for a lack of work because It's the only cause for an employer initiated termination there should always be employer confirmation with the initial response you were not at fault for the lack of work situation. (I do not have my head in the sand and have know for some time now, some companies sidestep admitting their culpability, or fault, regardless of what they told you at separation, but this may also be an issue of an appeal.)
After you apply for unemployment, the claims dept. immediately notifies the employer which reason you chose on your application. The state expects a response, and they may also ask the employer for wage information for the first determination issued on all claims. It's called the monetary determination and it doesn't make you eligible, but qualified if you are determined eligible.
When you apply, you're not only saying you think you have qualifying wages, but are actually certifying ... you believe you lost your job through no fault of your own. This is decided with what is called the non-monetary determination of benefits.
So, the typical order of a paid claim might go something like this ..
But those benefits, are still subject to a first level appeal.
What you should be aware of if you are initially allowed to collect what you monetarily qualified for .. is you're not the only party to your claim with unemployment appeal rights to reverse an initial determination.
But most people asked questions only after they were were initially denied unemployment benefits and worse, after they had already lost the first unemployment appeal hearing.
Tip #1 comes from a conversation I had with a hearing officer who conducted appeal hearings.
Tell them not to throw mud at the wall hoping it will stick.
Basic I know, but apparently, he thought it needed to be said.
The ability to win requires an objective approach .. which is not how even I, normally like to roll, but I had lots of practice setting aside how I felt sometimes at work.
There is no better on the job training that repetition.
So, I repeated and repeated answers about the appeal process, unemployment insurance benefits eligibility requirements and issues .. until repeating myself felt futile and quit to do something I thought would be even better.
Here are the Q&As about getting unemployment benefits.
They all appeared at one time or another on the Unemployment Appeal blog.
Did you ever think you'd have to consider who must sustain a "burden of proof" as part of your winning appeal strategy.
"What's My Line" - A panel of celebrities in TV's younger days, They asked questions of a contestant to peg their precise occupation.
Common Unemployment Benefit Questions are one thing, but Answers were intended to focus a story on issues of UI law.
Undoubtedly, I lost the attention of a lot of unemployed people .. just by asking .. too specific a question to drag a part of the story out I sensed might not of been shared with me.
Whatever the case, my intent was to focus YOU to see your issue of law matters.