States refuse to pay unemployment benefits after deciding that the claimant is not eligible for the benefits. There are many reasons a person could be ineligible. The claimant may have exhausted initial unemployment benefits, for example, or the claimant's former employer may have contested the claim, asserting that the dismissal was the result of the employee's violated company policies: A firing with cause makes a person ineligible for unemployment benefits. A person refused benefits may file an appeal with the state.
Appeal
A claimant who does not agree with a state's decision not to pay unemployment benefits may immediately appeal the decision. The exact process may vary by the state. In Texas, claimants have the right to three appeals on a specific case. They may appeal to a special appeal tribunal, and if turned down there nay appeal to an unemployment commission. An appeal to a civil court is the final option. A victory at any level allows the claimant to begin collecting weekly pay along with back pay for missed benefit weeks.
Timeline
Most states set deadlines for appealing a decision. The state of Washington allows appeals within 30 days of receipt of the decision by the state's Employment Security Department. The state accepts only written appeals by fax and U.S. Postal Service. Appeals by email are not permissible. Other states have similar rules for reviewing appeals. No states offer provisions for the former employee to receive temporary state benefits while the appeal is under consideration.
Employer Appeals
The state of Washington reports that employers may also appeal a decision resulting in a former employee not receiving benefits. An employer may help in that way if it feels the employee really should receive benefits and the state made an error in its decision not to declare eligibility.
Hearings
People contesting a state decision are eligible for an initial hearing before a commission, panel, tribunal or judge. In Washington, a single administrative law judge conducts the hearing, usually by telephone. Most state agencies provide information on their websites for preparing for the hearing. Nonprofit legal organizations, such as local chapters of the Legal Aid Society, may agree to help the claimant prepare for the hearing. People seeking referrals for free or discounted legal help should start by contacting local organizations, such as the United Way or the Salvation Army.
Considerations
There is nothing else a person can do to overturn a decision on unemployment benefits once she exhausts all appeals. A person who feels termination of employment was without merit or because of some form of discrimination by the former employer may consult an attorney for advice on legal remedies to those issues.
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