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Can I Collect Unemployment Benefits If ....

If you are asking, "Can I collect unemployment insurance benefits?"  it's my own experience from a job where denying benefits was connected to how unemployment insurance laws work in reality, that I hope you haven't already applied to open an unemployment claim, at least until you know more about how the unemployment benefit process works. 

Yet I also know by now that by the time most end up on looking for answers, most just want to know how to write an unemployment appeal.  So, I have a sample appeal letter .. to keep your request for a tribunal unemployment hearing .. simple stupid vs. self-disqualifying with untenable explanations to explain why you disagree with an initial non-monetary unemployment eligibility determination .. you believe to be erroneous.

Before you decide how to argue the facts that matter to the issue of unemployment law, that prevents you from collecting unemployment benefits initially, it's good to know 

I firmly believe when people quit a job, or get fired  they  will do better in the end if they would only reorganize .. reorient themselves to how they think about the burden of proving, or rebutting fault for the reason they voluntarily quit, or involuntarily were fired from their job.  

It's simply unwise to ignore what you might find in individual state's unemployment laws, regulations, or precedent decisions, to know how to argue legitimately, on the issues listed on a notice of unemployment hearing.

Yet, when people are denied benefits at the initial claim level incorrectly, they often throw their hands in the air and give up, or if initially allowed to collect unemployment, ignore hearing notices because their employer exercised the right to appeal an initial claim determination .. and lose benefits by default when they don't appear, or call in for the hearing.

If you were initially denied after a phone adjudication (interview) and don't understand how the unemployment appeal process works, take a breath and maybe some time to explore the abundance of  Q&As.  

Who knows, something may click that makes the difference in how you choose to argue to prove, or rebut the burden of proof, related to the issue of law affecting your benefits. 

The standard for proof at the initial claim determination phase is  based on only the "available information" from you and your former employer.   At a Tribunal  unemployment appeal hearing you have your one and generally, only opportunity to set the record of facts straight at a FULL FACT FINDER hearing, as to why you are unemployed through no fault of your own .. because it was the employer's fault.

Unemployment Benefits Q&As

  1. Can I get unemployment if I am fired for a HIPAA violation

    Dec 26, 18 10:56 AM

    I am in the home health care business and work for a company. I had a prior client for 3 years full time. His family loved me and I got raises each year

    Read More

  2. Unemployment eligibility (Tardies due to illness)

    Dec 22, 18 02:53 PM

    I have worked at my job for 3 1/2 years. I have missed work on occasion due to kidney disease but always have medical documentation. I work 11 hr days

    Read More

  3. I Was on Disability Leave and then Fired

    Dec 04, 18 10:12 AM

    Hello Chris, I was employed with this company for five years.duties over the years drastically changed,my daily task were not only to process 300 emails

    Read More

  4. State of California. I filed for unemployment benefits but my claim was denied because I quit my job under unusual circumstances. Can I appeal this denial?

    Nov 29, 18 06:17 PM

    I quit my job at a Credit Union because I had to file for bankruptcy in California. My employer was carrying $50,000.00 of the debt that was eventually

    Read More

  5. What Does Relief of Charges Mean?

    Nov 26, 18 10:24 AM

    I recently received a request for relief of charges in my correspondence. I have been approved for benefits and have been receiving them for 5 weeks now.

    Read More

  6. Do I need a lawyer for my unemployment phone hearing?

    Nov 25, 18 11:29 PM

    Hi. I was fired from my serving job in Chicago. My mgr said my table came in 2 days later saying I used profanity. I did not. I was approved benefits,

    Read More

Unemployment Appeal Hearing Services

In case you don't know,  I worked at a company where I sincerely believed the basic problem for many unemployed people with winnable appeals, was the expertise they faced at unemployment appeals hearings, working on behalf of their employers.   

I coordinated hearings, but I always .. and I mean always,  contracted a professional hearing rep for the employer.   Because who better to have working for you at a hearing than someone who knows the ins and outs of not just state unemployment laws .. but hearing procedures .. state to state. 

I myself do not claim to possess more than the working knowledge from my job as coordinator .. which included protecting a clients rights to due process before a hearing as best I could.   

However, when I finally quit my job in 2009 and wound up at a tribunal hearing because my former employer appealed, and then decided to appeal the hearing decision finding I had quit with good cause again .. to the Board of Review, it was coordinating files, hearings, witness and interfacing with state appeal sections across this country .. that saved my bacon .. or benefits if you prefer.

Suffice it to say, I don't answer nearly as many free questions about unemployment as I once did .. but if you think you have a good one and you don't mind submitting a question on the condition it may not be answered, but if it is it will appear on the Unemployment Blog .. then feel free to ask

Should You Quit Your Job For Good Cause or Let'em Fire You For Something Other Than Misconduct?

I'm troubled by what employees tell me they chose to ignore, for the sake of protecting their job from a questionable reason to be terminated.  And all because an employer needs to the burden of proving work misconduct as cause,. when you're fired while you just need to think about how/if/ you can rebut (undermine) their ability to meet the standard of law of that burden.

I'm not suggesting I want to discourage an employee from quitting for good cause, but if you must quit your job .. know it's you who will need to meet the burden to prove the fault for you leaving your job .. was attributable to your employer.

You should try using the search bar, if your question relates to who has the burden in a voluntary quit, in lieu of being discharged case.

Unemployment Eligibility Rules

Ask questions abour your ability to collect unemployment insurance benefits, and it's me who ends up asking questions, just to explain what I may think about your chances of collecting, or keeping unemployment benefits.

Unfortunately, sometimes the answer is due to those variances found in unemployment laws and/or regulations state to state.   

I'd show you a sample unemployment law comparison now, but all you need to do is click that link to find them all .. for you to review objectively .. depending on the state controlling your unemployment claim.

How You Can Safely Write an Unemployment Appeal Letter

If you have been denied unemployment benefits with the initial non-monetary claim determination, (findings usually state, "based upon the available information"), you can appeal this determination easily, whether you know if you can win, or not, by simply avoiding any argument that is made untenable by a state's unemployment law.

Many states acknowledge receipt of an appeal letter by sending the letter attached to the acknowledgement to both you and the employer.   Then they docket a lower level, aka tribunal unemployment hearing and a  notice of hearing is sent to all "interested parties" to the appeal.

I suggest  a simple stupid unemployment appeal letter  format to appeal a denial of unemployment benefits, because it's not wise to start arguing fact .. before a hearing .. which is meant to do just that .. argue to prove, or rebut what is, or isn't a fact .. relevant to cause for the separation.

Or, you can also read the Unemployment Appeal Q&As to find more on the subject. 

The Burden of Quitting a Job With Good Cause

If you voluntarily quit your job, know it's your right to do so, because you're an at-will employee. 

But when you apply for unemployment benefits, good cause to quit your job isn't easily proven by just saying so. but by supporting what you say with documentation to prove what you did as an employee, to first preserve your job and later, prove the good cause was fault .. reasonably attributable to being that of the employer..

To be honest, getting to the point of having evidence, sufficient to support your story of good cause to quit .. can be a challenge for employees.  Frequently, they are simply uncomfortable dealing with authorities at work, if good cause begins by confronting an employer in a professional manner .. to begin the process of documenting actions, or non-actions .. to establish facts .. that can go to good cause. 

Here's some Q&As About Good Cause to Quit a Job, including why it's important to find your nerve to at least attempt to correct some situation at work.

The Burden of Rebutting Why You Weren't Fired From a Job For Misconduct

Ever wonder why your boss may of tried to get you to quit, before firing you?  Let just call it what it is .. a strategy, whether by design or not, that helps employers avoid the burden of proving what made you guilty of work related misconduct.

Here's some Q&A About Being Fired and Rebutting The Burden to Collect Unemployment

Free Sample Unemployment Appeal Letter of an Initial Non-monetary Separation Claim Determination.

I see know reason why a person needs help appealing a monetary determination, but since many asked questions about the amount of their weekly unemployment benefits, base periods, partial benefit amounts, or payments such as severance, or pensions that may reduce that amount here are the Q&As about monetary entitlement to benefits.

But every monetary claim determination (the first one you receive), tells you what you're entitled to receive .. if you are found otherwise eligible to collect, based on the facts concerning the cause for your separation .. and to appeal this initial claim determination, here's a template to keep your appeal letter .. simple stupid, given I don't know, why you're appealing.

Here the Q&As About Unemployment Appeals

Do you know lower level unemployment appeal hearings, are used regularly by employers using the services of  TPA companies (third party administrators) because they really do provide unemployment insurance expertise that effectively reduces the claim experience rating system for determining what unemployment tax an employer will pay on the wages of it's current employees.

Do you know only employees in Alaska, New Jersey and Pennsylvania, may be required to pay a minimal amount  of State unemployment tax? 

More Unemployment Questions and Answers

I'm sorry, I hindsight has taught me, I answered questions I shouldn't have answered .. because they became part of the Collect Unemployment Blog

Yet to be honest about unemployment issues, there's more to be concerned about than just quitting with, or being fired without good cause to include know what's suitable work, how school affects benefits, special VQ rules to affect temp employees and why an overpayment .. means repaying benefits.

It's safe to say .. there's a lot of Q&As that touched on one, or more conditional eligibility issue, claimants need to be aware of while they continue to collect benefits, or to protect their right to collect again, they should they accept a new suitable before exhausting benefits, at anytime between the BYB (benefit year begins) and BYE (benefit year ends) dates.

All the Q&As .. or at least most of them.

How Your Employee Rights In the Workplace May Affect Your Ability to Collect Unemployment

When applying for unemployment benefits, it can be easy to miss some of the questions may relate to whether you exercised an employee right .. you may of mentioned in explaining the final incident, or the cause of why you voluntarily quit, due to the fault of the employer.   

Unemployment Insurance Benefits are really an afterthought of an exception, to the idea adhered to in the U.S., which this employment attorney began to explain about the impact the doctrine of employment at will has on us all.

If you grasp that Unemployment Insurance was added to the mix in 1936 after the Great Depression, and the employee rights we've come to take for granted to day have literally become a counterweight against unemployment benefits and that extra weight for your arguments for benefits, lurk beneath the surface of a workplace culture, you can expose as fact better, while you're still an employee.

In any case, I know of at least one UI precedent decision that agreed there was no good cause to quit .. because the employee failed to exercise a right in the workplace first .. to show they tried to preserve their employment first. 

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