Losing your job is one of the scariest things that can happen in your life, regardless of your specific situation. Luckily, most people are entitled to collect unemployment payments, which are designed to help you meet your financial needs between jobs. In most cases, all that’s needed is to apply for unemployment benefits, which can be done online, and share details of your job search with the California state unemployment agency.
Unfortunately, some people face unexpected challenges to their unemployment benefits claim. Usually it’s because their former employer disputes their unemployment claim and tries to interfere with their right to collect payments while unemployed.
In order to receive approval for unemployment, California’s unemployment agency will confirm the information you provide and contact your previous employer. If all goes as expected, your claim for unemployment will be approved. However, if your employer claims you were terminated because of misconduct or you voluntarily quit your job, or your earnings were not sufficient to meet the requirements for unemployment, your claim can be denied.
There are also some instances in which your benefits are initially approved, but you later receive notice of denial. This typically occurs because you failed to meet the ongoing requirements to qualify, such as accepting a suitable job offer or being unavailable to work.
There are justified reasons for denying your unemployment claim, but if you believe your claim was denied unjustifiably, you have a right to file an appeal.
You’ll receive written notice regarding your denial of benefits, which will likely include specific information about how to file an appeal. There are time limitations that apply to appeals, so it’s best not to delay taking action. You’ll likely be required to attend a hearing once you’ve filed an appeal, which is when you are given the opportunity to present evidence supporting your claim. An unemployment appeals lawyer can help you gather all the necessary information and build a strong case in your favor.
Another way an unemployment appeals lawyer helps you is by gathering expert testimony. He or she can speak with those familiar with your case and record their statements regarding your work history, reasons for no longer being employed, and details of how the situation was handled. For instance, if you quit your job because of discrimination and your unemployment claim was denied because your employer claimed you left voluntary, an unemployment appeals lawyer will help you gather evidence in your favor.
Once you win your appeal, you are entitled to unemployment benefits. It’s possible for our former employer to file another appeal, but your benefits are paid until there is a change to the original ruling.
If you lose your appeal, you have the option of appealing within California’s court system. Though some people choose to forego working with an unemployment appeals lawyer during the initial appeal, it is imperative you find someone to support you during an appeal in court. The judicial system is far too complex to handle this on your own, even if you are still confident you can win your appeal.
For more information or to speak to someone about a denial of unemployment benefits, contact the Holmes Law Group.
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