If you are denied unemployment benefits in South Carolina, you have the right to file an unemployment denial appeal with the state. Applicants are denied unemployment benefits for a variety of reasons, and many find that they cannot receive benefits even if they meet the general eligibility standards. If the Department of Employment and Workforce denied your initial claim, read over the topics below to learn how to file an appeal correctly:
• What happens if you are denied unemployment benefits in South Carolina?
• Filing an unemployment denial appeal in South Carolina
• Unemployment denial hearings in South Carolina
• Wrongful termination laws in South Carolina
Unemployment applicants wondering, “What can I do if unemployment denied me benefits in SC?” can review the information below to help answer their question.
If your South Carolina unemployment compensation benefits denied, you will receive a letter in the mail detailing the reasons for your denial. The Department of Employment and Workforce investigates each claim carefully, and representatives will even contact former employers. The letter will also list any laws or regulations the department referenced while reviewing your claim. It is important to note that even if you are approved to receive benefits, you will still need to file weekly claims.
Unemployment applicants who’ve had unemployment benefits denied in South Carolina can file an appeal if they feel their denial is unmerited. The instructions for filing an appeal are included in your determination letter, and the state suggests you read it carefully before starting the appeal process. If your former employer disagrees with the decision regarding your benefits, he or she also has the right to file an appeal.
You can file an unemployment denial appeal in South Carolina by writing the appeal yourself or by submitting a Notice of Appeal to the Appeal Tribunal Form. If you choose to write your own letter, please explain why you disagree with the decision in detail and include your name and social security number somewhere on the document. You must file your appeal within 10 days of receiving your determination letter, and failing to file on time can negatively impact your efforts. Your handwritten signature must be present on all of your appeal documents, and when your unemployment denial appeal is complete, you can mail or fax it to the address or number on the form.
Once your South Carolina unemployment denial appeal is received, you will be scheduled for a formal hearing. The Tribunal will send you a letter detailing the location, time, and date of your hearing, as well as the issues that will be addressed. Most hearings are held over the phone, but your letter will provide you with additional information if you need to attend a hearing at a SC Works center. You may be denied unemployment if you do not attend your hearing at the scheduled time.
Your hearing will be conducted by an administrative hearing officer who will remain unbiased and professional at all times. This individual has no vested interest in the outcome of the case and is not influenced by the state department in any manner. During the hearing, you will be allowed to question witnesses and submit information supporting your case. All participating parties will be required to take an oath before the hearing starts.
The department recommends that all SC unemployment denial appeal applicants submit documents as evidence and bring witnesses. Having a witness will help support your testimony and strengthen your case against the denial. If a potential witness refuses to cooperate or provide his or her testimony, the department can issue a subpoena, compelling the witness to attend your hearing or provide evidence. You can find an Application for Issuance of Witness Subpoena at a local Connection Point, or download one at the department website.
Once the hearing officer reaches a decision, you will be notified via mail. All parties will receive a notification detailing the final decision, and if you are denied unemployment again, you can file another appeal with the Appellate Panel. You must do this within 10 days of receiving a decision from the administrative hearing officer.
Wrongful termination in South Carolina occurs when an employee is terminated for reasons prohibited by state or federal laws. Employers must follow laws regarding employment and termination, and if they fail to adhere to these laws, legal action could be taken against them.
If you were terminated for any of the reasons below, you may have grounds for a wrongful termination case:
• Your nationality, ethnicity, race, gender, religion, sexual orientation, disability, or veteran status.
• You refused to perform work that violated your religious or spiritual beliefs.
• Your employer asked you to perform dangerous or illegal activities.
• You were subject to verbal, physical, or sexual harassment.
If you were terminated or forced to resign for any of the reasons listed above, you should inform the Department of Employment and Workforce immediately if you are denied unemployment.