What to Do If Your Unemployment Claim Is Denied
Read the determination to see why benefits were denied, then file an appeal before the deadline, which is short in most states, often 10 to 30 days. Keep filing weekly or biweekly claims while the appeal is pending so you can be paid if you win. Prepare for a hearing before an administrative judge with documents and witnesses showing you were laid off, fired without misconduct, or quit for good cause.
Unemployment insurance is run by each state under federal guidelines. Denials are common, and many are reversed on appeal.
Common reasons for denial
- Misconduct: the employer says you were fired for violating rules or deliberate wrongdoing. Poor performance or honest mistakes usually are not misconduct.
- Voluntary quit without good cause. Some reasons count as good cause, such as unsafe conditions, unpaid wages, harassment or major changes in pay or hours, depending on state law.
- Not able and available to work, or not searching for work as required.
- Insufficient earnings in the base period.
- Missed deadlines or forms, or identity verification issues.
Step 1: Read the determination
It states the reason, the law relied on and the appeal deadline. Note the date carefully.
Step 2: File the appeal on time
Appeal deadlines are short in most states, frequently 10 to 30 days. File online, by mail or by fax as instructed, and keep proof.
Step 3: Keep certifying
Continue filing weekly or biweekly benefit requests during the appeal. If you win, you are usually paid for those weeks only if you kept filing.
Step 4: Prepare for the hearing
Hearings before an administrative law judge are usually by phone.
- Gather your termination letter, emails, performance reviews, written warnings and pay records.
- Prepare a short timeline.
- Line up witnesses or written statements.
- If the employer claims misconduct, they generally have the burden of proving it.
- Answer questions directly and calmly.
Step 5: Further appeals
If you lose, most states offer a further appeal to a board of review, then court.
Overpayments
If you were paid and later found ineligible, you may receive an overpayment notice. You can appeal it and, in many states, request a waiver if the overpayment was not your fault.
Help
Legal aid organizations often help with unemployment appeals for free; see how to get free legal help. An employment lawyer can also advise if the firing may have been unlawful.
Sources
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This article is general legal information, not legal advice, and reading it does not create an attorney-client relationship. Laws differ by state and change over time; talk to a licensed attorney in your state about your situation.