Justice for You
DENIAL OF UNEMPLOYMENT BENEFITS
With the tough economy and so many people losing their jobs, employers are making it harder and harder for employees to collect unemployment benefits. If you are denied unemployment benefits, you have the right to appeal (i.e. ask the department of labor to reconsider the denial). The important thing to remember about appealing is that there are strict deadlines that must be followed in order for you to appeal. There are three stages in the appeals process.
STAGE ONE: DEPARTMENT OF LABOR HEARING
Once your employment benefits are denied, you have fifteen (15) days to appeal the decision of the department of labor. If you do not appeal within the 15 day time frame, you lose your right to appeal. If you file your appeal within the fifteen (15) day time-frame you will be given the opportunity to have a hearing before a hearing officer. You can choose to have a hearing by phone or in-person. It’s a good idea to have an attorney representing you at this hearing because the proceedings are conducted similar to a trial. You will be given the opportunity to question witnesses, cross-examine witnesses, object to evidence, and introduce evidence that assists you in proving your case. The hearing officer will hear from you and your witnesses, as well as your employer and your employer’s witnesses. The hearing officer will mail his/her decision sometime after the hearing.
STAGE TWO: APPEAL TO THE BOARD OF REVIEW
If your unemployment benefits are denied at the first stage, you have fifteen (15) days to appeal the decision of the hearing officer. A three (3) member-panel, known as the Board of Review, will review the evidence provided in the hearing. You will NOT be allowed to present any new evidence at this stage in the appeals process. You will submit a written statement explaining why you believe the hearing officer made the wrong decision. The Board of Review may allow you to present oral arguments (i.e. to state your arguments in person) at the Board’s discretion.
STAGE THREE: APPEAL TO THE SUPERIOR COURT
If the Board of Review continues to deny your request for unemployment benefits, you may appeal to the Superior Court. You have thirty (30) days from the date of the denial, appeal to appeal to the superior court.
Claxton Law Group has successfully handled unemployment appeals for clients at all stages of the appeals process. We are sensitive to your financial needs and strive to provide affordable rates.