When you apply for unemployment benefits and your employer disputes your claim, what happens? In most cases, the company appeals your unemployment claim when they do not consider you eligible to receive unemployment benefits. This may be for one of the reasons related to your termination.
However, the former employer does not have the final say on whether you are eligible for benefits. You can appeal to the unemployment office in your state. If your appeal is accepted, you may be able to recover money. It is important to understand how the process works in order to increase your chances of winning the appeal.
How Unemployment Works
Unemployment insurance is a support system provided by state and federal government for employees who are temporarily out of work. The system pays benefits from funds collected from employer taxes.
Each state determines the time requirement that must be held in employment and the total wages that the employee must earn. States also determine the conditions that do not require fault for losing your job that will allow you to qualify for benefits.
In most cases, the employee does not pay into the system. The amount of unemployment tax paid by employers is based on the number of unemployment claims filed against the employer’s account. If the employer believes that the employee is not eligible for benefits, the employer can contest or challenge the employee’s claim for benefits.
Reasons an Employer May Dispute Your Claim
Some common reasons for disqualifying unemployment benefits include when the employee is terminated for cause or misconduct, when the employee resigns, when the person does not have enough hours or weeks of work to qualify, or when they are considered a contractor rather than an employee.
Note: Employers will receive a notice of the claim filed against them. They will be able to review the information provided by the former worker and contest any listed items.
What Happens When Your Employer Disputes Your Claim?
If your employer disputes your unemployment claim, your case will be reviewed by an investigator from your state’s Department of Labor. The investigator will analyze the information provided by the employer and may interview the employer for additional insights.
You may be contacted to answer some questions about the circumstances surrounding your termination. Be sure to respond promptly and fully and honestly to any requests for information. Unemployment office staff will then decide whether you are eligible for benefits.
Note: If you are found eligible for benefits, the employer may request a hearing to appeal the decision.
If benefits are denied, you will receive a written notice of that decision, which will include information about the appeal process and the deadline for filing an appeal.
The Appeal Process for Unemployment
The appeal process will vary by state. Contact your state’s unemployment office to determine your specific circumstances and how to proceed with the appeal in your state. Information can usually be found on the state unemployment website, but feel free to contact the office to ask any questions or if you need clarification.
Generally, here’s how it works:
- Your legal representative can participate in the hearing and provide counsel, but you will be required to present your case.
- You can use witnesses who may contradict any claims the employer may make as reasons for denying benefits. The employer may also have witnesses to support their position.
- Make sure to have copies of any documents that can be used to refute the employer’s claims of misconduct.
- You must continue to file weekly unemployment claims throughout the appeal process if you wish to receive benefits for those weeks if your claim is upheld.
How to
Dealing with the Appeal
The more documents you provide to support your unemployment benefits claim, the greater the likelihood of successfully proving your eligibility. You should gather any attendance records, work schedules, pay stubs, notes, emails, HR files, letters from supervisors and colleagues, and any other evidence that supports the legitimacy of your claim.
The employer will be required to do the same, and the appeals board will decide which claim prevails.
Note: Be sure to file your appeal before the deadline and continue to file for benefits while the appeal process is ongoing; otherwise, you may not receive benefits during that period.
Both parties are allowed to appeal the decision, and the appeals board will determine the outcome during a hearing. You will need to attend every meeting or have a legitimate written excuse to prove it. Otherwise, you risk losing your case.
Frequently Asked Questions (FAQs)
What are some reasons an employer can contest a claim for unemployment benefits?
Some reasons an employer can contest an unemployment claim include when the employee is terminated for cause or misconduct, when the employee resigns, when the person does not have enough hours or weeks of work to qualify, or when they are considered a contractor instead of an employee.
How long does an employer have to contest a claim for unemployment benefits?
In many states, employers only have two or three weeks to contest an unemployment claim. For example, employers in New York have 10 days to contest a claim. In Georgia, employers have 15 days to appeal. Check with your state’s unemployment agency for guidance.
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Sources:
The Balance uses only high-quality sources, including peer-reviewed studies, to support the facts in our articles. Read our editorial process to learn more about how we verify facts and maintain the accuracy, reliability, and quality of our content.
U.S. Department of Labor. “State Unemployment Insurance Benefits.”
SHRM. “How to Determine if You Should Contest an Unemployment Claim.”
Virginia Employment Commission. “Eligibility for Benefits.”
U.S. Department of Labor. “Denial of Benefits.”
New York State Department of Labor. “Employer Guide to Unemployment Insurance.”
Georgia Department of Labor. “Filing an Appeal.”
Source: https://www.thebalancemoney.com/employer-contests-unemployment-benefits-2064187
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