Can I appeal my unemployment denial?
You must appeal the denial of your unemployment benefits if you believe that you were eligible for benefits. Your eligibility will depend on a calculation of the number of weeks you have worked but also upon the reasons for your separation from employment. You must look at the reasons set forth in the Notice of Determination to figure out what the employer may have said that resulted in the denial. If you disagree with the basis, you must appeal the decision to ensure that the hearing officer is presented with accurate facts that may result in a reversal of the earlier denial of benefits. The initial determination is made based upon a telephone call and a review of the documents. At the appeal hearing, both you and the employer will have an opportunity to present testimony. The employer will have to explain why they don’t believe you are entitled to benefits and will most likely cite performance related reasons. However, the employer must show that you willfully and habitually disregarded their employment policies to justify denying unemployment benefits. You will need to prove that the employer is wrong and that you are entitled to benefits.