Learn About Denial of Unemployment Insurance
Having unemployment benefits denied does not necessarily mean that is the end of your claim.If you have been denied unemployment benefits , you can appeal the decision. Those who appeal denied unemployment compensation successfully will get the benefits to which they are entitled. Learn more about unemployment compensation benefits denied and the unemployment denial appeal process in the outlined topics on this page
Learn Reasons Why Unemployment Benefits Are Denied
If you are denied unemployment benefit1s, you will receive a letter known as “a notice of determination” from the Employment Development Department (EDD) after applying for unemployment benefits. The denied unemployment benefitsletter will explain how the decision was made as well as explain the appeal process. Knowing the reason why the state denied your request for unemployment insurance (UI) is important for appealing the decision.
Usually, denies requests due to petitioners not meeting the eligibility requirements for unemployment insurance. Applicants may be denied unemployment enrollment upon petition and current beneficiaries may have payments denied for not meeting the continuing requirements of the program. Some common reasons why UI claims are denied include:
- You have failed to meet the specified earning requirements. In , you must have earned a minimum amount in salary during the 12-month “base period”.
- Your position was terminated due to misconduct. In the state of , you will not be eligible for UI benefits if you were fired because of your actions or behavior in the workplace.
- You quit your last job. If you voluntarily gave up employment, then this disqualifies you from UI benefits except in very special circumstances.
- You refused a suitable job offer. If you turned down a new job that you are able to work, you are not eligible for UI benefits.
Prospective petitioners and current claimants alike should be aware of the unemployment insurance qualifications to gain and maintain eligibility or risk having unemployment compensation benefits denied . Avoid rejection from the program by reviewing the requirements for welfare in our comprehensive guide.
What can I do if unemployment is denied ?
You may request a CAunemployment denial appealif you believe the decision was a mistake and you are eligible for benefits. However, not all requests for appealing unemployment denials will be granted, as some disqualifications result in automatically ineligible. For instance, those who are ineligible based on citizenship will not be able to appeal the decision successfully. Alternatively, if an applicant is denied CA unemployment benefits due to not proving citizenship, he or she may appeal the decision by furnish proof of legal status.
If you decide to pursue an unemployment denial appeal , you must file with the EDD by the deadline on your notice of determination.You must submit the request for an appeal by mail to the address on your notice. There is no other way you can submit such a request. When you file your unemployment denial appeal, you must give a full explanation as to why you do not agree with the reasons for which you have been denied unemployment. For example, if the letter says your unemployment compensation benefits are denied because you quit your job, you may wish to have the opportunity to explain that you were coerced into leaving your employment by your employer because he or she was threatening to fire you, because you were experiencing harassment or that your workplace environment was dangerous due to insufficient safety requirements. You may also explain if you were wrongfully terminated.
While you are going through the unemployment denial appeal process, you should continue to file weekly claim for UI benefits. Even though your unemployment benefits have been denied, you must still be actively looking for work and be available for opportunities should they arise. If you win your unemployment denial appeal, you will be entitled to have your UI benefits paid retroactively, from the date of your original application. This will only take effect if you have been actively looking for work in the interim.
To learn more about what you can do when your unemployment compensation benefits are denied, download our comprehensive guide.
What Happens After You Have Filed an Unemployment Denial Appeal?
Once EDD officials have received your unemployment denial appealandhave assigned a case number, you will receive a letter giving you a date and time for your hearing. You will be given the opportunity to explain why you disagree with the unemployment benefit denialat the hearing and to present any information and evidence you have to back up your claims. You will not need a lawyer for your unemployment denial appeal hearing. While it is usual for people to represent themselves,you may bring witnesses to support your case.
After the unemployment denial appeal hearing, you will receive a letter from the Administrative Law Judge explaining his or her decision. If your unemployment compensation benefits are denied again and you still do not agree, you may appeal that decision as well. In this instance, you will make an unemployment denial appeal by completing a CUIAB Board Appeal form. At the board appeal, you will not be able to present additional information that you did not present at the hearing. The appeal will take place among the board members and you will not be required to attend a second hearing. Each of the board members will review your case individually. A final decision is made depending on how many board members agree or disagree with the initial decision.
