Have You Been Denied Unemployment Benefits?
After receiving a denied unemployment claim, you have a chance to appeal. But the timeline is tight, the process can be complicated, and your former employer will certainly have legal representation. That’s why a lawyer experienced in unemployment claims can help.
Getting help from a lawyer prior to a hearing can improve your chances of getting unemployment payments. This support is important while you look for your next job.
Why are Unemployment Benefits Denied?
While the process is different between states, there is usually a Department of Labor who will notify you and can assist you. For example, when your unemployment claim is denied in the state of Georgia, the Georgia Department of Labor will notify you by mail. The letter should specify why your claim was turned down or your employer is contesting your claim.
Sometimes, you’re simply not qualified to receive unemployment benefits because of how long you were in your current or prior job. Your claim may also be denied if you haven’t been searching for work and documenting your applications.
Causes for a Denial of Unemployment Benefits
A mistake made by your former employer can prevent you from getting the benefits you deserve. Your claim may be denied:
- If you were fired for misconduct: Employees who violated their company policies may be fired and rightfully denied unemployment benefits. If you were not fired for misconduct or there is a good explanation for your termination, you may have good grounds for a written appeal.
- If you quit your job: Some states require that you leave your job through no fault or agency of your own. Some states believe there are good reasons to quit a job.
In Georgia, for example, you can usually only quit if you haven’t been paid. You can also quit if your employer changes your work agreement. If your claim is denied because you quit your job, but were fired or forced out, you may have good grounds for a written appeal.
An attorney experienced in helping with unemployment claims can review your case and the reasons for your denial to help determine if you have a viable appeal.
How to Make an Unemployment Appeal
Once you’ve received your denial from the Georgia Department of Labor, you only have 15 days to file an appeal. After you’ve filed, the Appeals Tribunal will notify you of your hearing date. If you haven’t already spoken to an unemployment benefits lawyer and you’d like an opinion on your case, do so now. An attorney can ensure you collect the evidence you need for a strong showing at your hearing.
Regardless of whether you seek representation, keep up with unemployment benefits requirements, even though you’re not receiving them. This means continuing to file weekly claims and record your job search. If you win your appeal, you’ll have the documentation needed to retroactively collect for these weeks without work.
How Your Unemployment Appeal Hearing Will Work
During your hearing, you’ll have the chance to present documents and witness statements, plus give your testimony. An attorney who regularly handles unemployment claims will understand how the process works, how to make a good case that you are entitled to benefits, and when to object if your former employer includes inadmissible evidence.
After the hearing, the administrative hearing officer will release a written decision. If you win, you’ll soon begin receiving back payments, but your employer can still appeal the decision. If you lose, you can submit a written appeal a second time with the Board of Review, and a third and final time to the Georgia Superior Court.
Contact the Employment Law Attorneys at Barrett & Farahany For Help
While not everyone should appeal a denied unemployment claim, an attorney can help you assess your situation and advise you accordingly. An unemployment benefits lawyer can also review the circumstances of your dismissal and advise you of any potential legal claims you may have. At Barrett & Farahany, we are happy to answer your questions. Please contact us to speak to one of our attorneys.
