Rate this information

How to appeal a denial of unemployment benefits

Unemployment insurance benefits are payments made to eligible employees who become unemployed through no fault of their own.  If you are denied unemployment benefits, you have the right to appeal this decision. Your state unemployment office can tell you about your appeal rights.  Most states have brochures that explain the appeals process in detail, but here are some general guidelines on how to file a benefits appeal:

  • Either the claimant or the employer may appeal the non-monetary determination and request a formal hearing. Information about the time and date of the appeals hearing and the appeals process itself is mailed to each interested party well in advance of the scheduled hearing.
  • Interested parties may bring documents related to the case and witnesses to the appeals hearing.
  • The Appeals Referee's decision, which replaces the previously issued non-monetary determination, is based solely on sworn testimony and evidence presented at the appeals hearing.
  • Although the court will not allow any new evidence or testimony to be introduced into the record, it may allow interested parties to make oral arguments.
  • Normally, the court will issue a decision that either affirms or reverses the Appeals Referee's decision. However, the court may, on occasion, remand a case back to the Appeals Referee for additional testimony and/or a new decision.
  • A court decision becomes final in 30 days unless an interested party files a petition for judicial review in Superior Court.
  • Important: You must continue to file timely continued claims bi-weekly. You will not be eligible to receive benefits for any week(s) that was not filed timely, even if you win the appeal. 

For more information on filing an unemployment benefits appeal, contact a Labor and Employment attorney in your area today.

Non-Compete Agreements