If your unemployment claim is denied, you usually have a right to appeal, and many denials are overturned. Deadlines are short, so acting quickly matters.
Common reasons for denial
- The agency decided you quit without good cause or were fired for misconduct.
- You did not earn enough wages during the base period.
- You were not able and available to work or did not meet job search rules.
- Paperwork errors or missed deadlines.
How to appeal
- Read the determination letter and find the appeal deadline, which is often only about 10 to 30 days.
- File the appeal in the way your state agency instructs, and keep proof you filed.
- Keep filing weekly or biweekly claims while your appeal is pending, if your state requires it.
- Gather evidence, such as emails, pay records, warnings and names of witnesses.
- Attend the hearing, often by phone, before an administrative law judge.
At the hearing
You can usually present documents and witnesses and question the employer's witnesses. Stay factual and concise. A written decision follows, and many states allow a further appeal to a board or court.
Good to know
Free help is available from legal aid, and attorneys are sometimes available at no cost to claimants. Overpayments after a reversed decision may have to be repaid in some cases, though waivers can exist.
Frequently asked questions
Does an appeal cost anything?
Filing is free in most states.
Will I get back pay if I win?
Typically you receive benefits for the weeks you were eligible, subject to your state's rules.