Denied Unemployment Benefits?

Get over it.

Trust me on this, it's not the worst position to be in.

I'd rather never received one cent of unemployment benefits than have to repay every bit after I only had myself to blame for not preparing for an unemployment appeal hearing initiated by an employer.

Regardless of the reasons for denial of unemployment benefits it's time to put on a critical thinking cap and focus on what, in the unemployment laws, says you can and should be allowed the damn benefits.

If your employer appeals and you lose .. whose fault is it if after the fact you're walking around telling people .. I didn't know I coulda, shoulda, woulda .. because I'm telling you right now, it's an unemployed person's lack of legal sophistication at hearings, that is the silent weapon used against you to great effect.

Focus On Why You Shouldn't Have Been Denied Unemployment Benefits

But, not just anyone is going to win an unemployment hearing when unemployment benefits are denied or allowed to get benefits right out of the claim gate.

Not even if they actually deserve to get the benefits per the laws that control their unemployment claim!

I'm going to ask you to trust me again when I tell you that many unemployed people that actually could win a hearing .. don't even appeal when denied.

Nor do they keep their benefits when the typical appeal comes in.

That's right, employers are the ones that keep the appeal section of the unemployment dept. hoppin!

Claimants (you) give up without ever investigating for themselves if they have a legal basis for reversing the initial claims determination .. nor when it's the employer challenging their right to benefits.

What's up with that .. I hope you're not the type that goes straight to "it's a lost cause".

There's no help for anyone that tucks tail and runs without the fight.

There's two different kinds of unemployment determinations that can cause a denial of benefits.

Nothing will change unless an appeal is filed, but appeals must have merits based on the laws if you're going to win benefits at the hearings that occur after writing unemployment appeals.

If you wanted and could afford it .. you could appeal an unemployment decision up through the "real" court system.

But for purposes here .. I only address appeals still within the state agency that administers the mandated federal program of unemployment benefits .. when most states don't require you to have to find an unemployment lawyer to help you win.

The first unemployment appeal hearing is the most important hearing to concentrate on winning.

My best advice for getting unemployment? Avoid the harder and more legal like board appeal.

Hire an affordable hearing rep for your first hearing.

There's a lot of free information and unemployment resources on this site which can help you figure out when you might have been wrongly denied unemployment so you can decide what your next move should be.

Either appeal or give up the ghost. Either represent yourself or understand that once denied, you're already in over your head and chances of being successful with your appeal are a matter of government statistics.

Getting unemployment is a legalistic process and it all starts by knowing who has the burden of proof and how that burden relates to not being denied unemployment.

When you quit you have the burden to prove.
When getting fired, your employer has the burden to prove.
Q&A's about proving burdens and when you shouldn't be denied unemployment benefits.

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