If your employer believes it had good cause to terminate you, it may file a response stating why you should not get benefits. The unemployment office makes an initial determination, usually within a week or two, based on your application and the employer's response. When your employer challenges your application for unemployment compensation, you should consult the laws of your state to learn the procedural deadlines and other requirements. If the unemployment office determines that you are not entitled to receive benefits, you can appeal that determination. A hearing will then be held, which can be months after the appeal is filed. A Referee will question the parties and witnesses to make a determination on the claimant's right to benefits. If you show at the hearing that you were fired without good cause, you will be entitled to back benefits, but only for those weeks in which you filed an application for benefits.
You may choose to contact an attorney to represent you during the hearing. Before contacting a lawyer, you should consider the cost of retaining legal representation. If you do not expect to receive benefits surpassing lawyers’ fees, you may choose to represent yourself. However, unemployment hearings and appeals can be challenging. For this reason, legal representation can be important, especially if you believe that you were unlawfully terminated and are contemplating a lawsuit. An attorney will help you prepare in advance of the hearing and guide you through the proceeding. process. The hearing can provide a preview of the employer's defenses to your claim. If you are denied benefits, the attorney can help begin the appeals process.
People often believe that when they are initially denied benefits, re-applying every week is useless or unnecessary. This is not true. If you plan to appeal the denial of benefits, you must continue to file requests or applications for benefits and meet all of the other requirements for obtaining benefits. Be sure to pay attention to the deadlines for filing appeals.
For more information, see our site's appealing a denial page.