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3 Common Reasons for Appealing an Unemployment Claim Denial

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Did you recently lose your job? Were you denied unemployment benefits after the job loss? For many people, the loss of a job can be devastating and the subsequent denial of benefits is like added insult to injury. Fortunately, your unemployment benefits application doesn't have to end with a denial. There is likely an appeal process in your state where you can make your case to the unemployment benefits administration. There are three common reasons why benefits are usually denied. However, there can be exceptions to each of those reasons.

You quit your job, but had good reason. Generally, you can't receive unemployment benefits if you quit. However, there are some situations in which you may have had no choice but to quit. For example, if you were the victim of harassment and your employer wasn't addressing the issue, quitting may have been your only chance for escape. At your unemployment hearing, you can call witnesses who can verify your claims of harassment. If the appeal board finds your story convincing, they may agree that you had no choice but to quit and they may overturn your benefits denial.

The reason for your dismissal is in dispute. After you apply for unemployment, the unemployment agency will usually interview you and your employer. It may be possible that you and your former employer could give conflicting accounts of why you left. You may believe that you were terminated and that you are entitled to benefits. Your employer may say that you quit. While these types of disputes aren't common, they can happen, especially if your employment ended as a result of a major conflict. An appeal may be needed so that you can air your side of the story. Again, you can call witnesses and even ask for documentation from your employer to show that you were, in fact, terminated.

Your employer has provided inaccurate earning history. Most states have a minimum earning threshold that must be met before a person in that state can successfully apply for unemployment. If you haven't met that earnings threshold, you'll likely be denied benefits. However, it is possible that your employer could have provided wrong earnings information. They may have calculated your earnings incorrectly. Or they may simply have a poor documentation system. This can especially be true in small companies that still keep records by hand. An appeal can help you straighten out the error and get the correct information to the unemployment board.

For more information, contact an unemployment attorney like Law Office of Matthew J Brier. They can help you gather all the necessary information and present your case at your appeal hearing.


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