Unemployment applicants wondering, “What can I do if unemployment denied me benefits?” should know that they can appeal the decision. Workers are denied unemployment in ME for a variety of reasons, but there are ways to challenge a denial and win. All unemployed workers in Maine have the right to file an appeal if they disagree with the state’s decision to deny them benefits.
If you were denied unemployment benefits, make sure that you have a firm understanding of the following topics:
The state sets forth numerous eligibility standards in regards to unemployment benefits. In general, if you were terminated for conduct or performance-related issues at your previous job, your claim will be denied. A state representative will verify the reason for your termination with your previous employer, and if you were fired for legitimate reasons, you would be denied unemployment benefits in Maine.
If you were separated from your employment for the following reasons, you will not be eligible to receive unemployment benefits:
You will be denied unemployment if you are fired for misconduct until you earn eight times your predicted weekly benefit amount, or you complete at least five consecutive weeks of full-time employment.
If you have had your unemployment benefits denied in Maine, you will need to notify the Department of Labor if you were fired for any the following reasons:
The situations above could have a major impact on your claim, and many of them are considered grounds for wrongful termination in ME.
You can still have your Maine unemployment compensation benefits denied, even if your initial claim is approved. If you fail to look for work or accept a reasonable job offer, the state will more than likely have your unemployment benefits denied. The unemployment benefits program is meant to be temporary, and ideally, the state will want to you find work as soon as possible. A state claims adjuster will use the following criteria to decide whether or not a job is “suitable” for you:
As always, you will need to keep detailed notes regarding your reasons for refusing a job. The state also has the right to verify your details with the employer who offered you the position.
You can file an unemployment denial appeal in Maine if you are denied unemployment benefits. You also have the right to appeal the monetary determination if you do not believe the aid amount is accurate. Your past employers can also file an appeal to stop your benefits if they do not believe that you deserve them. You can file an appeal by logging onto the official Maine unemployment website, or by mailing or faxing in a paper appeal. Please address all appeals to the Division of Administrative Hearings in Augusta. In order for your unemployment denial appeal to be valid, it must be submitted no more than 15 days after you receive the denial.
The state will send you a booklet about preparing for your unemployment denial appeal. Most appeal hearings are held over the phone, but if you must appear in person, the state will tell you when and where your hearing will be. When the appeal is over, a hearing officer will issue a decision. If you do not agree with the appeal decision, you can file a second appeal with the state Unemployment Insurance Commission. If you do not agree with the decision a second time, you can file a final appeal with the State Superior Court, which will issue a final ruling within 30 days of reviewing your appeal. During the ME unemployment denial appeal process, you should continue to file for unemployment each week.