You have only 21 calendar days from the date of the Administrator’s decision to file your unemployment appeal. If your appeal is late, it can be denied just on the basis of missing your appeal timeframe. Remember that your former employer can file an appeal on an approved unemployment benefit. Employers pay into the Unemployment Compensation program by paying taxes. An unemployment claim will affect the amount that your former employer must pay Unemployment Compensation fund. The law actually forbids employers to make payroll deductions for unemployment benefits. To file your appeal, you can do so by internet (if your state allows this) or in person. The date of the notification of the decision is your starting date. Read the decision to determine what information you will need to appeal and what they used to reach their decision. You will need to have documentation and witnesses if possible to have a successful appeal.
In your appeal documentation, you will need any information that you have about your previous employer including your written warning, handbook, emails and any information given to you during the termination meeting. Give your employer a written request to review your personnel file. If you can find witnesses that have first-hand personal knowledge of the reasons why you were terminated, you will need them to help make your case strong. Gather any people or paperwork related to the issue.
If your employer has charged you with misconduct and you disagree, you must present witnesses to show that the allegations are wrong. You can also try to show that the conduct was not serious or deserving of separation. You can offer exhibits such as journals, notes, reports, personnel manuals. The former employer may also have documents that can assist you with being successful. You can subpoena those records as well.
Any written record that shows that you did not do anything that should be called ‘misconduct’ such as a police report or accident report, photos, etc should be brought with you to the hearing.
If you quit your employment without just cause related to the work or employer, you will not be eligible for benefits until you have obtained new employment and earned wages equal to ten (10) times your weekly benefit amount. If you quit your job with just cause and your former employer is denying that fact, you will have to prove you had a good work related reason for quitting such as:
- Termination letters or notices
- Witness than can testify to mistreatment
- Doctor’s statements showing you health was affected by the position
- Doctor’s note advising you to quit.
- Accident reports indicating a hazardous job
- Government reports showing the job is unhealthy or dangerous