Unfortunately, there are some residents of Tennessee who will be denied unemployment benefits after they’ve undergone the application process. If you consider the fact that there are many moving parts to each submitted unemployment claim in TN, from the documents to the testimony of the former employer, there are a number of reasons why an applicant may have his or her unemployment benefits denied. The good news for those who have had their unemployment compensation benefits denied, and may be wondering “What can I do if unemployment denied me benefits?” is that there is an unemployment denial appeal that can be filed to possibly overturn the decision. Unemployment denials are especially likely to be overturned in cases of wrongful termination. While it may be difficult for an applicant to provide evidence of wrongful termination, getting the denial decision appealed would be quite worth the effort. If you would like to learn more about how to begin your unemployment denial appeal read on to the following sections:
Tennessee holds a fairly rigid list of requirements that applicants must meet in order to be considered for receiving unemployment benefits. Those who do not fall under these requirements, or who fail to continue to meet these requirements may find that they are denied unemployment benefits. One major factor in determining whether or not an applicant with have his or her unemployment compensation benefits denied is the manner in which they became unemployed. For example, an applicant could not have separated from his or her job due to repeated misconduct, being unable to perform work duties or causing excessive damage to workplace property.
Other factors that are taken into consideration during the claim process is the testimony from the petitioner’s former employer in regards to his or her termination, and any other documents or information which may have submitted at the time.
As soon as an applicant files his or her unemployment claim in Tennessee, the former employer will be notified and asked to either submit a formal testimony in writing, or to personally attend the unemployment insurance coverage claim hearing. It is the responsibility of the candidate’s former employer to prove the reason for his or her termination. In cases of wrongful termination, the petitioner’s former employer may be required to provide part of the applicant’s benefits package. However, if the former employer can prove that the applicant’s termination was not a case of wrongful termination, and came as a direct fault of the applicant, he or she will be denied unemployment benefits. Finally, if you were terminated at no fault of your own and would like to avoid having your Tennessee unemployment benefits denied, than it is best to ensure that any documents or information you have provided is correct, honest, and has all required dates and signatures.
Once you have submitted your claim, it is your responsibility to continue your eligibility throughout the clam process. Failure to do so can result in having your unemployment compensation denied, and in some cases can even result to being charged with fraud.
For an applicant who has unemployment benefits denied in Tennessee, he or she has the right to file for an unemployment denial appeal. The candidate can choose to file an appeal online through the Tennessee unemployment website, or the appeal process can be initiated by phone, fax or mail. You must place your request for an unemployment denial appeal within 15 calendar days of receiving the original denied decision. The request will be followed up with a confirmation of the petitioner’s appeal, as well as a scheduled time and date for the appeal hearing. If the applicant does not receive any confirmation about his or her unemployment denial appeal within 10 days, he or she must contact the Tennessee appeals department.
During the TN unemployment denial appeal hearing, a referee will be reviewing the applicant’s documents and statements, along with those that were submitted by the prior employer. Both the candidate and his or her employer will have the right to give their respective side of the story, as well as submit any extra evidence to either prove or disprove the contested unemployment denial decision. Once the hearing has come to a close, the petitioner will receive notification either online or through the mail. In the event that the applicant is denied unemployment a second time, he or she has the right to file an additional unemployment denial appeal.