An unemployment insurance petitioner may be denied unemployment benefits for several reasons. When eligibility requirements are not met for a particular week, the claimant may not be paid benefits for the week. A candidate will have New Hampshire Unemployment compensation benefits denied when he or she chose to leave the employer willingly. This would also include no call/no show scenarios. Another reason unemployment may be denied would be if the unemployed individual closed his or her business, or ceased self-employment.
An unemployment benefits denial will also result if an applicant is discharged from his or her former employer for misconduct, intoxication or theft. Another reason for denied unemployment would be the refusal or unavailability to work when offered suitable work. On occasion, being part of a voluntary strike is considered to be a disqualifying factor for benefits denial. The reason a petitioner has been denied unemployment benefits also determines the time period the petitioner will not receive them.
Details on these topics are further discussed in the following sections:
A determination notice will state the reason the claimant has been denied unemployment benefits in NH. The determination does not come from the former employer, but from the New Hampshire employment security department. If a claimant is denied unemployment in New Hampshire, there is an appeals process a petitioner can go initiate. There will be occasions where a petitioner is eligible for unemployment benefits, but will be denied a continued claim. This would mean that a week the claimant is requesting does not meet eligibility requirements. This does not mean that the following week will be the same case. Eligibility is based on a week-by-week basis. Applicants must review eligibility requirements before contacting a claims representative. Claims representatives can look at the individual case and help answer any questions in regards to determinations and denied unemployment benefits.
In the case that unemployment compensation benefits are denied, NH petitioners have the option to file an appeal. An unemployment denial appeal is a written disagreement from the employer or former employee. When the NH petitioner does not agree with the unemployment denial appeal, he or she can then appeal to the commissioner and have the claim reopened, or contact the appellate board for reconsideration.
Each claim is assigned to a claims representative. The representative is there to assist with the claim, and may accompany the claimant to appeal hearings under special circumstances. To ensure that benefits have been processed properly in accordance with federal and state guidelines, claims representatives may review determinations. Before filing an appeal, work with the claims representative to reach a solution. If it is determined that an appeal is necessary, the claims representative can assist with the process. In the case that the unemployment benefits received are required to be repaid, an appeal can be filed.
When a New Hampshire unemployed individual feels he or she has been wrongfully terminated, he or she may file a wrongful termination lawsuit. Wrongful termination is when an employer fires an individual due to discrimination, in violation of the employee’s contract or in retaliation towards an employee for whistleblowing, for example. Wrongful termination by discrimination could be characterized by an employee being judged or fired due to his or her religion, gender or skin color. By law, employers adhere to equal opportunity statutes.
To properly determine if a wrongful termination lawsuit should be set in motion, it is suggested to meet with an employment lawyer. A former employee can file for unemployment benefits and record the wrongful termination. Ultimately, the department of labor for New Hampshire will come to a decision regarding the matter. Typically, unemployment benefits are given to unemployed individuals who have lost a job by no fault of his or her own.
In New Hampshire petitioners can file an unemployment denial appeal if he or she disagrees with his or her eligibility determination. Petitioners denied unemployment must file the appeal within 14 calendar days. Appeals can be filed by mail, in person or by email. Previous employers will receive a copy of eligibility determination for the former employee and have the option to appeal. Once an appeal has been filed the next step would be to attend an appeal hearing. During the hearing the previous employer and former employee have the opportunity to present evidence and ask questions in relation to the claim.
The Appeal Tribunal, which is either a Chairman and two members, or a sole Chairman, will then come to a decision in order to dispose of the case. The NH unemployment insurance petitioner can continue to file unemployment claim benefits while an appeal is pending. Once a final determination has been made for the unemployment denial appeal, benefits will be paid or denied accordingly.