Tips and Guidance:  How To Collect Unemployment and Win an Unemployment Appeal to Get and Keep Benefits

Did you start the process of applying for benefits thinking it should be a fairly straight forward process to collect unemployment benefits?  

Have you recently learned that an unemployment appeal may be necessary to straighten out the findings of a claim gatekeeper (adjudicator) that initially investigated your right to collect?

Whether you have just been initially denied unemployment benefits, or allowed to collect, but have learned how easy it is to appeal for you, or an employer to request an unemployment hearing to fight those initial claim determinations .. 

It may be time to ask just how  unemployment eligibility rules are intended to work so you know either how to win the FIRST unemployment appeal hearing, or give up the ghost and move on with your life and find a new job .. a little wiser and ready to work smart for not only the best interest of an employer, but your own.

It's the end of telling tearful job loss stories and time to focus on relevant facts .. for your own sake instead of aiding an employer fighting your right to collect unemployment.

Can I Collect Unemployment When .....

Ask yourself a basic question:  " How do I plan on explaining why I should not be held at fault for the loss of my own job? " ..   and I mean for whatever reason you quit, or got fired.

If you answered .. I think I will just throw myself at the unemployment administrative law agency's mercy .. then you may find it's the free tips and guidance that starts you thinking about whether you might not actually need one of the services meant to help employees. 

Whichever way you go, know my goal has always been to help an employee see there are better (more relevant) ways to argue, explain and finally compel a  finding of benefits than what you may be planning now..  

And  all because I want to help you avoid the need for a dreaded second chance appeal to an unemployment insurance board of review.

Do You Know the Unemployment Rules Regarding Your Unemployment Eligibility Issue?

Your issue with an unemployment law is also your eligibility issue that allows a person to collect unemployment, or be denied with the initial claim determination.

Determinations are issued by the claims department, aka the gatekeepers.   But maybe the best and worst thing about an initial determination of unemployment benefits is that it can be appealed.  

If you were denied here is a  sample unemployment appeal letter to request the first level unemployment hearing where you can either fully explore your burden of proof if you quit, or rebut the employer's if you were fired.

Whatever the circumstances, you still need to play the unemployment game on the same page most employers and your claim's adjudicator play on if you need to win, or keep those benefits after the first hearing .. so let's get started and get the most basic of questions out of the way. 

Proving a Burden 

Learn about the assigned burden to prove good cause for quitting, or being fired and what standard of law must be achieved to meet, or sustain a burden of  proof to end an at-will employment relationship.

Read more about  the burden of proving

Good Cause to Quit a Job

When you quit a job with what might be good cause to collect unemployment benefits, most often you will still have to prove you quit because your employer forced you into quitting an otherwise suitable job.

Read more about quitting with good cause

Good Cause to Be Fired

An employer may be free to fire you at will for any reason they see fit, but if they also want to be able to deny you unemployment benefits .. the reason needs to  be for a reason of misconduct connected to the work.

Read more about getting fired for misconduct

Can I Collect Unemployment Benefits When .. If?

Even simple questions about unemployment eligibility rarely, want a yes, or no answer because most everyone understands the answer is irrevocably tied to  details about what happened during the employment.

Yet,  one claim's issue is the same as millions of other unemployment claims and so too are the reasons for quitting, or being fired. 

Each claim is like it's own Island in an ocean of islands.   Yours may be lush with possibility, or as barren as a desert type.

Provable facts and credible sounding details is what makes collecting benefits straight forward, or a contentious, but possible battle, or literally bereft of any workable merits .. other than relying on the occasional procedural stroke of luck.

Let's just let the following categories of employees unemployment eligibility questions speak for themselves and I'll try to explain from a more objective point of view about unemployment laws when I'm not ranting and raving, or telling you to take advantage of some less obvious employer tactics and strategies I learned while on the job.

Unemployment Quit Questions

"Can I collect unemployment if I quit ?"  It's one of those common questions that a rare "yes" will suffice.  But tack on a reason and I might be able to explain how it now relates to a burden of proof  you have to meet to prove quitting was attributable to the work, or  employer.

Q&As about Quitting and Unemployment's Burden of Good Cause...

Unemployment if Fired Questions

"Can I get unemployment if fired?"  Again yes, but now, it's important to objectively explore the employer's burden of proof for how they might prove the motive for terminating your employer was work related misconduct as opposed to a layoff for a lack of work.

Q&As about Getting Fired and Rebutting the Burden of Misconduct

Unemployment Appeal Questions

How to win an unemployment appeal is to me, as matter of first identifying and understanding the issue of law to be addressed, but also making best use of rules of procedure for an administrative law hearing.  No, you don't need a lawyer, but you should try to think like one for your hearing.

Q&As about unemployment appeals

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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 

Read the full disclaimer here:  Unemployment-Tips.com provides only information with the perpetual hope it may be potentially educational for those looking to find alternative advantages to the disadvantage of ignorance which denies benefits that might otherwise be yours.

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