You must be prepared for the possibility of having your application for unemployment benefits denied after you lose your job. However, if you are denied unemployment benefits in Alabama, there are still steps you can take.
For your convenience, we have compiled all the information, hints and tips you need to get through the unemployment denial appeal process in no time. Remember, even if you are denied unemployment benefits in the Cotton State, you can follow through with various appeal procedures. Get started on learning more about this appeal process by reading more below.
Should you have your AL application for unemployment compensation benefits denied, you have the legal right to appeal. In the unfortunate event that you are denied unemployment, the first step you must take is to determine the reason your claim was not approved. Here are some common reasons that you may be denied unemployment benefits:
Once you have determined the reason you have been denied unemployment, you must file an appeal. Read more below about the appeal process in Alabama.
Once you have been notified of your unemployment benefits claim denial, you can file a written appeal to the Hearing and Appeals Division of the Alabama Department of Labor. This appeal must be received within 15 calendar days of the mailing date of the original decision. The following information must be included in the Alabama unemployment denial appeal request:
Throughout the unemployment denial appeal process, you must continue to file weekly certifications with the DOL. These weekly certifications prove that you are still unemployed and actively seeking employment.
After filing an appeal, you will receive a Notice of Unemployment Compensation Telephone hearing. This notice will give you details regarding the date and time of the hearing, as well as the issues that will be discussed. Both you and your employer will be able to submit documents, present witnesses and make arguments supporting your respective cases.
Even if the hearing officer does not overturn your original unemployment benefits denial decision, you can file an appeal with the Board of Appeals. This three-member panel is appointed by the governor and is responsible for conducting hearings in person.
If you are unhappy with the Board of Appeals’ decision, you can take it one step further and file an appeal with the circuit court in the county in which you last worked or lived. This appeal must be filed within 30 days of the board’s decision.
The final step, if the decision is still not overturned, would be to submit an appeal to the Alabama Court of Civil Appeals.
One other factor to keep in mind regarding unemployment benefits applications is wrongful termination. Should you be fired for discriminatory reasons, you may be eligible to file an Alabama wrongful termination suit. In addition, if your employer violated your contract or fired you in retaliation for exercising your legal rights, you may have grounds for a wrongful termination claim against your employer. If any of these situations apply, ensure that you go through with filing for unemployment compensation benefits while you prepare a case against your former employer, as you may likely be eligible for unemployment compensation.