Why Your Unemployment Claim May Be Denied

16 December 2014
 Categories: Law, Blog

If you have been denied unemployment, you may think that this is the end of the road. However, you do have the right to appeal the decision made by the unemployment administration. However, being successful at your appeal is only dependent on why your claim was denied to begin with. There are strict rules regarding how you can even collect unemployment, so it's important for you to understand those rules before you even file for unemployment compensation. Here are some of the more common reasons why your application for unemployment can be denied to begin with. 

When Unemployment is Denied

You will be denied your claim for unemployment if the unemployment agency found you to be ineligible for benefits. This ineligibility can include the following: 

  • You were fired for misconduct. You usually qualify for unemployment when you are laid-off or fired from your job. However, if you were let go because of some type of misconduct, be it violating company policy, stealing or something else that is considered misconduct, the state unemployment division may very well deny your claim. 
  • You quit your job voluntarily. It is possible that you may qualify for unemployment benefits if you quit your job, but you need to have a good reason to have done so. Each state should have a list of reasons that would be acceptable, so you may want to consult with your attorney for more assistant with that. But if you quit your job for reasons that don't fall under that qualification, then you would be denied unemployment benefits.
  • You had insufficient earnings. Each state has a requirement as to how much money you need to earn during the base period you're filing for unemployment for. If you don't earn that earnings requirement, your state unemployment agency may deny you benefits. If you feel that your employer incorrectly reported your earnings, it's best if you consult with your attorney to ask your employer to file a corrected earnings report. 

It is important for you to understand that even if your claim for unemployment is granted at first, you could later be denied these benefits if you don't meet certain requirements. To begin with, your state may require you to attend classes and workshops that will make you more employable. And if you do have the opportunity to work, you can't turn that opportunity down. And you can't claim unemployment for the week if you were away or otherwise unavailable to accept any employment that came your way.  Consult an attorney from places like Law Office of Matthew J Brier for more assistance with your unemployment appeal.