Addressing Two Questions About Unemployment Appeals

18 March 2015 by Jonathan Phillips

Filing for unemployment compensation benefits is a legal procedure whose length typically depends on many things such as whether or not you're legally represented, and if you have a clear understanding of the different phases of the process. While it's often recommended to hire a qualified lawyer for this type of motion, you may still be able to get your benefits if you represent yourself at the hearing.

This article addresses some of the questions that you might have about unemployment appeals:

What happens if you keep on submitting unemployment claims during the appeal process?

Before answering this question, it's important to know that the appeal process is distinct from the claims filing process. This means that there's no law preventing you from filing your claims while you're appealing a denial of unemployment benefits. So the answer to the initial question is nothing at first.

However, bear in mind that if the administrative judge doesn't rule in your favor, then you'll be asked to give back everything you'll have received from the Employment Security Department. Similarly, any judge's decision going in your direction will give you access to all the benefits that you were denied. Since what happens next will depend on the court's decision, you're strongly advised to keep all the money you're receiving in case you're asked to repay it.

How to get ready tor the hearing if you decided to leave your company?

This is a situation in which the burden of the proof will be upon you. Indeed, you'll have to convince the administrative judge that you had no choice but to quit from your position. This usually involves gathering documents showing that:

• It was no longer safe to perform your basic duties at your company's workplace
• You became disabled
• You received and accepted a new employment offer

These are just a few reasons that can justify the fact that you left your former employer. But, the judge will also want to know what you did to minimize the negative impacts of your departure on your company. For example, after reporting the safety issues to your manager, did the company improve safety?

As you prepare to appear before the judge, you must at all costs avoid mentioning anything about any lost motivation or satisfaction with your former job. This is because it will cause the judge to expedite the procedure, and require that you reimburse everything you've received so far from the government.

To learn more, contact a company like the Law Office of Matthew J Brier with any questions you have.

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