Is it possible to win an unemployment appeal

For example, if you turn down suitable work, aren't available for work you take a long trip, for example , or you don't report earnings you receive while collecting unemployment benefits, the state may deny your claim going forward. Learn more about the work availability and search requirements, and common reasons your unemployment benefits may have been denied.

Every state has a process you can use to appeal a denial of unemployment benefits. Usually, you have to file your appeal fairly quickly. State time limits range from ten to 30 days or so after the agency mails you notice that your claim has been denied.

The notice you receive may explain how to appeal the decision and may even include an appeal form. Typically, if you request an appeal, a hearing will be scheduled. At the hearing, you will be able to present any evidence you have that your claim should have been granted.

The employer has the same right. For example, if you think you earned enough to qualify for unemployment benefits but your employer misreported your earnings, you might bring in your wage stubs or copies of deposited paychecks to prove that you were paid more than the employer claimed. You may also be able to bring in witness testimony -- either by questioning witnesses in person or asking them to submit written statements. This could be important if the reasons why you left your last job are in dispute.

For example, if the unemployment agency found that you voluntarily quit, but you actually left because of ongoing sexual harassment, you might be able to present testimony from coworkers who witnessed the harassment or a note from your doctor indicating that your health was suffering because of the harassment.

The person conducting the hearing will make a decision on your appeal. If you win and are granted unemployment benefits, you are entitled to continue receiving the benefits, even if the employer appeals that decision at a higher level of review.

Basically, once you get a positive ruling, you are entitled to unemployment benefits until someone else rules differently. If you are denied unemployment benefits at the hearing, in some states, a second level of agency review is available. This means that either you or the employer can appeal the original appeal decision within the state unemployment agency. Whether or not your state provides this second level of internal appeal, every state allows you to make an appeal to the state's court system.

You have thirty days from the date of the determination to send in an appeal, the due date is on the letter. I want a hearing. Send the letter to the address on the determination or fax it to the ESD at Make sure you sign the letter and keep a copy of what you send. If you decide you are going to appeal the decision, you should continue to file your weekly claims. If you win at your hearing, you will only receive benefits for the weeks you filed and are otherwise eligible.

To collect benefits, you must be able to work, available for work, and actively seeking work for each week that you file. Make sure you accurately report information to the ESD when you file your claim each week, and keep a record of your job searches. After you have sent in your appeal you will receive a notice of the date and time of your hearing from the Office of Administrative Hearings OAH. The OAH is an independent state agency that provides a judge to resolve disputes between people and state agencies.

You should receive the notice of your hearing date about three weeks after you file your appeal. Make every attempt to rearrange your schedule so you can attend the hearing. If you cannot do so, call the OAH listed on the notice and ask to reschedule. Explain why you need to postpone your hearing. Do not assume your hearing was postponed when you made a request.

Be sure to get a clear confirmation from the hearing office that the hearing was postponed. Remember, if you miss your hearing, the OAH will enter a default order and dismiss your case. Employers pay taxes into the unemployment system. These taxes generally increase if they have former employees on unemployment. Employers attempt to avoid this higher tax by appealing your benefits. Your hearing is the only chance you will have to tell your side of the story and once it is over you will typically not be able to submit any more information to the judge.

It is important to be prepared. If you quit your job…. These reasons can be found in RCW If you quit your job you will need to convince the judge that you quit for one of the 12 good cause reasons listed below:. You were offered and accepted other work : You must have been offered the job by someone with authority, have a definitive start date, and work at your old job as long as possible.

You or an immediate family member became disabled or sick and that kept you from working: It is important to show that you took every possible step to keep your job including notifying your employer of your issue, asking for an accommodation or a leave of absence, and asking for work once you were able to work again. You had to quit because your spouse or registered domestic partner had to relocate for their job : The transfer has to be to an area outside of where you currently reside, and you have to have stayed at your job as long as you reasonably could before moving.

You had to protect yourself or a member of your immediate family from domestic violence or stalking : Some people need to quit their job because their abuser knows where they work or they need to protect a family member from further abuse. If you worked under the reduced pay, a judge may find that you accepted the changes. You should be prepared to show the reduction with pay stubs, bank deposits, or some other form of documentation. Your worksite changed and it made commuting difficult : The change must have made the length or difficulty of your commute much more than your original commute AND the commute must be more than is usual for people who work in your line of work and who work in your area.

Your worksite became unsafe : You must have reported the safety issues to your employer and they must have failed to do anything about it within a reasonable amount of time.

There were illegal activities at your worksite : You must have reported these activities to your employer and they must have failed to do anything about it within a reasonable amount of time. Illegal things may include:. You were not being paid your correct wages. Your employer was not paying you at all; they were not paying you minimum wage; or they were not paying you for overtime. Your work changed and it violated your religious beliefs or sincere moral beliefs : Explain to the judge how this change violated your beliefs or morals.

Violation of moral beliefs could include your employer forcing you to do things that would cheat a customer, or other things that you think are unethical or would violate your religion. You quit to enter an approved apprentice program : The program must be approved by the Washington State Apprenticeship Training Council.

You worked both a full-time and a part-time job, you quit the part-time job, and later lost the full-time job: Before you quit the part-time job, you must not have known that you would be let go from the full-time job.

If you quit because of medical reasons, safety hazards, or illegal activities, you also have to prove that you took reasonable steps to keep your job before you quit.

The law recognizes that there are some situations where doing these things would be futile and will excuse you from not taking these steps, but the more attempts to work with your employer you can show, the better your case will be.

If you were fired from your job…. If you were fired, your employer has the burden of showing that the reason you were fired was misconduct. The law, as seen in RCW Willful or wanton disregard of the interests of the employer or a fellow employee. Deliberate violations or disregard of standards of behavior the employer has the right to expect of you.

Carelessness or negligence that causes or would likely cause serious bodily harm to the employer or another employee. If you refuse to do something that the employer asks you to do and what they asked you to do was reasonable, you could be denied benefits because you were insubordinate. Repeated unexcused tardiness or absences. If you continue to be late or miss work without a good reason after your employer has warned you about your behavior, that could be considered misconduct. Before the hearing, you will need to figure out how to explain to the judge why you either quit for one of the 12 good cause reasons, or why you were not fired for misconduct.

Think about and write down all the reasons you quit. Where and how do they fit in with the good cause reasons? How will you explain this to the judge?

How will you explain that one of the good cause reasons was the real or main reason you quit? What will your employer say about why you quit?

How will they argue that what they did was reasonable or that you did not quit for good cause? How will you explain to the judge that this is not what happened? Think about and write down exactly what led up to you being fired and the final incident that led to your being fired was. Did you know that what you did was wrong? Did you have a chance to read them?

Did the employer tell you that you were doing something wrong? Some people even practice explaining their story to family or friends because they know they may be nervous during the hearing. Whatever you can do to be organized and present your case in a clear, concise way will be helpful during your hearing.

You can submit additional documents including paper documents, recordings, or video for your hearing. You must send a copy to all parties. If you are submitting written statements from other people about what they saw or heard, consider asking these people if they can attend the hearing.

In-person testimony of firsthand knowledge is always stronger than a written statement. If you have people who directly saw or heard things on the job that relate to your case, you can request that they attend the hearing. These people should have actual knowledge of what happened because they saw or heard the incident.

In some states e. New York , the agency may deny your request for an adjournment, but will still allow you to request a new hearing after the first hearing goes forward without you. If you win the appeal, you will be entitled to collect benefits in the future. You will also be entitled to collect any benefits that you certified for but were not paid following the initial determination of ineligibility as long as you continued filing weekly claims during your appeal.

Your employer or the state may still appeal the new decision to a higher level. Watch for any correspondence from the employer or the unemployment agency. You may be required to submit a written letter explaining why the appeal decision was correct.

If you lose at your hearing, you can appeal to a higher level of review. Alternatively, the decision may find that you were ineligible for a certain period of time but allow you to collect benefits after that period. If you have questions, call the unemployment agency to get clarification. Most states provide a written decision that explains the basis of the decision and the effect of the decision.

It is important to read it closely to determine the exact implications for your unemployment insurance. Most states provide multiple levels of review of unemployment decisions, with the final decisions going to an appeals court.

If you lose the first round appeal or hearing, you can appeal that decision to an appeal board that is part of the same unemployment agency. Read the decision closely for information on how to appeal and follow the rules and deadlines closely. Most appeals to an appeal board involve only a written submission, rather than any in-person testimony.

I was turned down for benefits and think that the state was wrong in determining that I was ineligible. What if my employer disagrees with the decision to award me benefits?

Can my employer appeal? Do I need a lawyer to represent me in an unemployment appeal? How should I prepare for an unemployment appeal? What if I need an interpreter or other special accommodation? What evidence can I present at an appeal hearing? How should I conduct myself at the hearing? What will happen at the hearing? What if I miss the deadline to file my appeal? What should I do if I cannot attend the hearing?