There are some situations in which an applicant in Iowa may have their unemployment benefits denied. Those who are asking themselves, “What can I do if unemployment denied my benefits” may be relieved to find that you are not left without options. Those who are denied unemployment may file for an unemployment denial appeal, especially in cases which wrongful termination can be proven.
To gain a better understanding of how to begin your appeal process read through the following categories:
Many unemployment applicants are rejected due to the fact that they simply do not meet the required qualifications. To avoid being disqualified from receiving benefits, be sure that your termination did not come as a direct result of any of the following reasons:
•Being fired due to misconduct
•Willful disregard for your employer’s interest
•Breaking office rules or standard of behavior
•Being found under the influence of drugs or alcohol and unable to perform your work duties.
•Theft (exceeding a value of $25) or the intentional damage or abuse of work place property or equipment.
In addition to these requirements, Iowa also examines the testimony contributed by the applicant’s former employer and any other documents that may have been filed.
It is important that you provide an honest reason for termination, as your employer will be contacted for verification. If your employer can provide evidence that your unemployment status was not a direct result of wrongful termination, then you will likely have your unemployment benefits denied. It is also vital that all of the documents you submitted with your unemployment application were correctly filled out with all required dates and signatures to avoid being denied unemployment benefits.
It is important that you continue to maintain the unemployment eligibility requirements throughout the approval process. You must continue to submit a bi-weekly claim, as well as hold evidence of all submitted job applications, in order to avoid having your unemployment benefits denied.
If you have been denied unemployment benefits in Iowa, you may file for an unemployment denial appeal. You will be required to phone, fax, mail or email the unemployment insurance claim center to request an appeal within 30 days of receiving your denial. When you receive notification confirming your appeal, the appeal department will then schedule a hearing and send you a notice of when to appear. If you do not receive notice of your hearing with 10 days after receiving confirmation of your appeal, it is recommended that you contact the appeals department.
During your hearing your documents and statements will be reviewed by a referee. Your employer will also be invited to appear in the hearing or submit a formal statement. Your previous denied application will not be taken into account during this hearing, only the documents and facts presented during the hearing will be considered. If you feel that you have been wrongfully terminated and can prove this stance, the hearing is the ideal moment to present any evidence and explain your side of things. Once the hearing is completed, you will receive your decision in the mail. If you are denied unemployment a second time, you still have the right to submit a secondary unemployment denial appeal.
In some cases, the factors may be considered complex and it will be necessary for the case to be reviewed by a higher court. In this situation, your case can be represented by the referee, or if you prefer, you have the right to hire your own attorney. In some cases, an attorney will be provided for free, or will be partially paid for by the state of Iowa.
While going through the unemployment denial appeal process it is important that you continue to file all of your bi-weekly claims and continue to keep record of all job applications, as this will help ensure that you can still be paid for the weeks that pass during the appeal process.