To understand when you may have an ability to collect unemployment benefits, is to run the gamut of intersections where people begin to become aware of how unemployment really works.
I hope you are looking for tips about unemployment, before losing a job through no fault of your own, before applying for unemployment, before your initial unemployment eligibility claim interview, and last, but not least, before you represent yourself at an unemployment appeal hearing and learn what it's important for employees to also document, document, document!
Unfortunately it's not employees, but unemployed claimants that ask questions about unemployment benefits and frequently, when they learn their employer is fighting unemployment benefits by requesting an appeal hearing.
But here's the thing .. no matter if you were initially denied unemployment benefits and appeal, or your employer appeals because you were allowed to collect unemployment, it's the burden of proof at work during the first level unemployment appeal hearing the the state, employer and the claimant need to pay attention to .. if you want to know how .. and why you should win that hearing.
Sep 20, 19 08:47 PM
So, I have a few questions. 1. I have an injury and illness that currently makes it difficult to walk and when I'm walking or getting up and down from
Sep 20, 19 05:43 PM
I am on SSI and I also work part time 2 days a week at the work has become harder to do did to my health and wonder if I can sign up for unemployment while
When you file an unemployment claim, it's better to already have an idea of how a state unemployment administrative law agency goes about assigning the burden to prove fault before making it's first finding of facts with a claim determination about the cause for separation.
Proving fault after that initial finding is now subject to a higher standard of law at a lower level (tribunal) administrative law hearing, if a moving party, is to meet their burden to prove why the fault wasn't their own.
If you were laid off for a lack of work, fired for a reason not misconduct, or you voluntarily quit your job due for reason you only believe was the fault of your employer, it is simply unwise to not know how you are expected to prove what you believe, so my advice to all employees that still have a job .. is document, document, document to prove the truth as a fact .. later, just in case.
Unemployment-Tips.com does not offer any answer as legal advice. However, the advice is based on my own perspective as a non-attorney, at will employee who strived to be objective when coordinating UI hearings for employers .. which often enough left me watching claimant / employees with potentially winnable unemployment appeal hearings, lose because they lacked my own awareness of how unemployment eligibility rules are made to work.
My solution to the common problem of unemployed people losing winnable hearings is to offer free referrals to professional UI representatives whose services aren't free, instead of sitting silently on the sidelines.
I've answered many questions about unemployment benefits over the years, with the continual hope a claimant would become aware enough, to level the playing field for themselves.
Forgive me if I sound like a broken record ... but I don't know how to get around the need to evaluate the burden and from the perspective forced on the moving party. It's how I learned to search for any potential ability, or weakness in the moving party's ability to meet, or the non-moving party's ability to rebut any relevant facts, especially when what is at issue, is usually an issue related to whether you are eligible, or ineligible to collect unemployment.
Foresight, to see how unemployment benefits eligibility works, allows for employers to make strategic choices intended in part to aid them when they appeal to deny unemployment benefits, so why wouldn't advance knowledge of how unemployment really does work help an employee, or even a claimant, when it comes to avoiding being denied unemployment benefits erroneously, whether the issue is a quit, or a discharge?
To set the record straight, I don't think all unemployed people deserve to collect unemployment.
My perspective in a nutshell, is if you do quit, or get fired, you ought to already know, or be willing to learn on the fly, what your state unemployment process is, when determining whether you're eligible, or ineligible to receive benefits.
Losing a job through no fault of your own, is not what makes you a victim, but you might become after you apply for unemployment benefits and it is assumed you took the trouble to learn some new expectations about your ability to meet, or rebut facts to a standard of law and you quasi-legally argue to the wrong burden of proof at the first administrative law hearing, where employer's are often represented against a claimant and are more than willing to take advantage of what you don't know about the basics of meeting, or rebutting a burden of proof.
How hearings often ended when I worked for a living, is why I believe it's important for a claimant to educate themselves on how unemployment works and understand what may vary somewhat state to state due to those wide federal guidelines.
Therefore, don't avoid peeking at the links to state unemployment laws and other, more helpful resources, if my opinion matters .. here.
If you think you have a provable, or rebuttable unemployment appeal, then please don't be afraid to check out my unemployment appeal representation referral program, but only if you are not opposed to paying a flat fee to improve your odds of winning an appeal filed by you .. or your employer. If you have questions about your need to be represented .. contact me.
To be clear, any tips are not intended as legal advice.
Nonetheless, I think it's important to remain objective when discussing good cause .. meaning how the circumstances about your separation from a job .. relate to an eligibility issue listed on a hearing notice .. or an initial claim determination.
Here's the Q&As if you're looking for reinforcement of some basic idea I thought could help unemployment benefits work, or some arguments as to why certain details surrounding a voluntary quit, or discharge, from an otherwise at-will employment relationship, may not play well with rules concerning eligibility and fault to end things .. including viability of an unemployment claim.
Who in their right mind thinks about winning an unemployment appeal before ending a job, or applying for benefits, or participating in an initial unemployment eligibility interview?
I do .. and anyone I come in contact with, who asks me about their chances to collect .. that's who.
So, let me explain how to write an unemployment appeal letter because I've read some where the claimant, or employer managed to screw what should be a simple, minimal request for a lower level appeal authority hearing up, to the point their entire reason for appeal becomes untenable.
And if you think you might benefit from professional representation at a hearing, or coaching previous to any need for that, I may be able to help with that. Click here to learn more about unemployment representation.
Rebutting why you were fired for something a reasonable person wouldn't consider as being misconduct connected to the work, isn't necessarily focusing on what a good employee you were prior to the final incident causing an employer to terminate your employment
So Here's a widely accepted definition of what work misconduct is, and what it is not. I offer this definition, so you can focus on how you're going to rebut you were at fault in such a way to undermine the credibility of an employer's testimony and/or evidence to support why you were fired for nothing less than willful, intentional, or wanton disregard of the standards and behaviors and employer has the right to expect of an employee, to not harm an employer's best interests.
Realistically, the first unemployment hearing is usually the last shot you, or an employer has to correct an erroneous claim determination. I can't stress this enough, even if I might be able to refer you to a professional who will know if something happened at the first hearing, that can be used for a written argument to an Unemployment Insurance Board of Review (second level appeal).
Click here for a free initial case evaluation with a professional unemployment hearing rep.
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.