Unfortunately, not all unemployed workers will qualify for unemployment benefits, and many will be denied unemployment benefits for a variety of reasons. Receiving an denial can be extremely disheartening to an unemployed worker, but it is important to know that you can appeal the decision if you have been denied unemployment in Louisiana.
If you are asking yourself “What can I do if unemployment denied me benefits?” please continue reading through this section to learn about the following issues:
Workers who have had their unemployment compensation benefits denied may find it helpful to know why benefits are denied so they can better plan their appeal process.
If you have your unemployment benefits denied in LA, the state will likely supply you with a reason for your denial. If you are fired from your job for a valid reason or you voluntarily quit, you will not be eligible for unemployment. There are certain acceptations to this rule, but in general, individuals terminated for performance or conduct-related issues will not receive benefits. Unemployment benefits are also meant to be temporary, and ideally you will be able to find a new job as soon as possible. If you refuse a suitable job offer without an acceptable reason, your benefits can be terminated by the state. There may even be times when workers must accept jobs that do not utilize their exact skillset.
If you are currently working part-time and receiving unemployment benefits, your most recent wages may be the reason you were denied unemployment benefits. If you earned more than 10 times your weekly benefit amount in the previous week, you will no longer receive benefits. Current recipients who fail to report at least three job applications each week will also have their claim denied.
An unemployment applicant in Louisiana will also be denied unemployment if he or she:
When filing an unemployment claim, applicants need to be as honest as possible. The state has the legal right to verify any information provided on an application, and knowingly providing false information can result in a fraud charge.
The state expects all recipients of unemployment benefits to make an honest effort to find work. Making yourself available for work means that you are capable of working a full-time job each week. If any of the following issues interfere with your ability to work, you will be denied unemployment benefits for that week.
If your claim is denied for any of the above reasons during one week, you may continue to file claims in the following weeks.
Unemployed applicants who have been denied benefits have the right to an unemployment denial appeal in Louisiana. Appeals can be filed on the state Workforce Commission website, by mail, or faxed. Applicants must file their unemployment denial appeal within 15 days of having their unemployment compensation benefits denied. Once your appeal is received, you will attend a hearing in your local district before an administrative law judge who will issue a decision. If you do not agree with this decision, you may file another appeal to appear before the state Board of Review. If you do not agree with the board ruling, you may appeal once more to your local Judicial District Court, which will issue a final ruling.
Unemployment denial appeals are free of charge and are usually conducted over the phone. When filing, you must provide a valid telephone number. You will be notified of the date and time of your appeal a few days after your request is reviewed. Workers can also request an in-person appeal at no additional charge.
Each state has a set of laws regarding wrongful termination. The federal government also issues a separate set of laws, and employers must adhere to both the federal and state wrongful termination laws. The wrongful termination laws rules govern employer conduct, workers’ rights, and most importantly, issues regarding resignation and termination. If an employer violates a law regarding wrongful termination, the individual or organization is engaging in an illegal action. If you are terminated for an unlawful reason, you may be eligible to receive unemployment benefits. If you voluntarily quit for a valid reason, for example, you were forced to relocate or you were being harassed, you need to inform the state of the particular circumstances.