Before Applying For Unemployment Benefits .. Know Why You Should Get them
Before applying for unemployment benefits take a moment .. or two, to understand what elements of your claim for benefits actually pertains to the laws that say you should be allowed to collect.
Ask yourself this question. If this claim has to go to an unemployment hearing for resolution, do I have any documentation or witnesses that can help me PROVE my claim?This might be a simple minded concept, but the only thing better would have been to known how it worked while you still had a job and an opportunity to gather the documentation. It's not wise to ignore the following typical advice .. You may be able to collect unemployment if you have lost your job through no fault of your own. Visit your state unemployment website to find out more before applying for unemployment. But, it drives me nuts anyway. It's similar to being told the sky is blue, but not being told why it's blue. It's called an unemployment claim .. It's not a guaranteed right or entitlement. It's an employer funded government insurance program. Unemployment is legalistic by nature because it is controlled by laws and because your opposition is built in and financially liable for your benefits. ALL states have at minimum, a first stage appeal process for determinations issued after applying for unemployment. The result of an unemployment appeal letter, for any determination in dispute, is a quasi-judicial proceeding called an unemployment hearing .. with unemployment issues (relative to a section of law) listed on it.
The Act of Applying For Unemployment Benefits Assumes You Have Made Yourself Aware of the LawsIf pressed, I could dig up a precedent decision which says that applying for unemployment forces a legal assumption that you know what you're doing. But throw people into an unknown territory that at first appearance looks non-threatening they assume things and often, incorrectly instead of digging for information that is sometimes made available and sometimes .. will never be found.But, when you finally get to the quasi-judicial unemployment appeal hearing it is assumed you know your rights .. your responsibilities and the law, even if you are legally represented by yourself. The duty is to yourself is to protect yourself from mistakes of ignorance and wrong assumptions. I guess you could look at it like traffic court if you want, but my thought is that traffic court has less dire financial repercussions looming for being ill-prepared. Both your rights and your responsibilities in the unemployment process come down to a personal choice to either exercise and accept or not to. If you choose not to .. the question for me is why would you bother applying for unemployment benefits unless you were clear about why the job loss was not your fault and how you could show that to be true. A lack of work claim is the only type of unemployment claim that does not have an inherent possibility of protest from your opposition .. your former employer. And believe me .. they do prepare and so should you .. before applying for unemployment.
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