It is a dirty little secret of corporate human resources that many companies have policies in place to automatically appeal a worker’s unemployment claim regardless of the circumstances. Some managers even take pride in having a “perfect record” of winning hearings and denying workers unemployment insurance. While laws do vary from state to state, the basic process is usually very similar. Being better prepared than your employer will give you the best shot at winning the benefits you deserve.
Filing Your Claim
Check online for your state’s workforce development office, or department of labor that administers unemployment insurance benefits. Filing your claim is the first thing that you should do. When you file your claim, you have the best chance at receiving benefits if you were “laid-off due to lack of work.” DO NOT make the mistake of thinking that you will get another job right away and procrastinate filing your claim. You could lose valuable resources you will need to live and keep the job hunt alive. Hope for the best in hunting for another job, but expect the worst, especially in the current job market.
Denial of Benefits
Usually, once you have filed your claim, the employer will have an opportunity to respond. If they deny your claim to draw unemployment benefits, the state office will usually contact you via mail and tell you that your benefits have been denied. They will either automatically set up a date and time for an appeal hearing, or give you the option to appeal the decision. Read the letter carefully and follow the process to schedule an appeal. Do not think that you have lost your right to benefits simply because your former employer has denied them. That is exactly what they want you to think and why so many employers automatically deny the payment of unemployment insurance benefits.
The Hearing
An unemployment hearing is usually administered by an employee of the state or an administrative law judge. He or she will act as the judge and make a decision based on the questions they ask and the responses given by you and the employer. You do not need an attorney for this. If you have the option, request that the hearing be scheduled in-person instead of over the phone. The reason is that an employer is more likely to be too busy to attend an in-person hearing, especially if the office isn’t close to theirs. It takes a little more courage on the part of workers to attend the in-person hearing, but they’ve already let you go, so there isn’t much reason to still feel intimidated.
Being Prepared
If you were fired for blatant just cause, such as theft or drug use, then you are probably not going to win your unemployment hearing. Your best bet is if you were laid-off due to lack of work, or if you were let go suddenly because someone just didn’t like you. When going into a hearing, you need to know the day you started and the day you left. Make notes of any raises you were given, positive evaluations, awards, or promotions you may have received.
This is not the time to rehash every negative thing about your employer. The employer will probably try to make you look like a terrible employee. Trying to outdo their negativity will not win you points with an administrative law judge. Your goal is to show the judge that you did your job correctly while employed there, and that you were let go without warning or good cause. Below are two real-life examples of hearings where workers prevailed and won their unemployment benefits.
Example Hearing #1
Employer: Susan was hired as a probationary employee only. During the 90 day term of her probationary employment, she failed to meet company expectations and her work did not meet company standards. She was terminated prior to the end of her probationary period as a result.
Administrative Law Judge: Were you aware of the company’s expectations and work standards?
Employee: Yes. I was given a company handbook at the beginning of my employment and it was explained to me by my supervisor what was expected. To my knowledge, I always performed my duties as assigned and never failed to meet the expectations laid out before me. I was never given any verbal or written reprimands by anyone to say that I was not performing my job up to company standards prior to being terminated on June 18th. At that meeting with Joe Bossman, he only said that I wasn’t meeting his expectations, but he never gave me any other reasons or ways to improve my performance. He just let me go. I thought that Employer, Inc. was a good employer and that I was a good employee and I was surprised when they laid me off that day.
Decision: The administrative law judge awarded the worker unemployment benefits because failing to live up to unspecific expectations did not equal cause for termination under the law.
Example Hearing #2
Employer: Roger was a very insubordinate employee. He refused to do work as assigned and he had confrontations with other workers on the job-site. He even told a foreman to “get his money” and lay him off if he didn’t like his work. When I heard about that, I fired him.
Administrative Law Judge: Did you refuse to perform work that was assigned to you? Did you tell a foreman to “lay you off?”
Employee: There was a foreman who had threatened to lay me off that day. I never made a statement like that. I was surprised when he said it too, because before that day I had never been given any warnings or reprimands by anyone. If anyone thought that I was being insubordinate, nobody had ever mentioned anything to me before that day about it. The foreman just yelled at me and then an hour later, Joe Bossman came out where I was working and told me I was done. He didn’t even tell me why. It was really weird, especially since they had just given me a fifty-cent an hour raise the week before. I was shocked.
Administrative Law Judge: Did you give Roger any warnings before letting him go, or any reason for discharging him?
Employer: I have been an employer for thirty years. This is my company and I have certain expectations of anyone who works for me. I don’t have the time to explain to every worker why they aren’t cutting it.
Decision: The administrative law judge awarded the worker unemployment benefits because the employer failed to prove the assertion that Roger was insubordinate. By not giving warnings, reprimands, or adequate reasons, the employer failed to show cause for the termination.
Conclusion
As a worker in an unemployment insurance hearing, you have an equal chance to win your benefits if you can remain positive, focus on your performance, and allow the employer to paint themselves as an aggressive, negative force. If you have received reprimands, be prepared to explain how you responded to them positively and improved your performance after receiving them. The employer has to show that you either did something wrong or that you didn’t do something right. Your goal is to show that you did everything that you could based upon the information you were given by the employer, and that based upon that information, you were surprised when they terminated you.
If you were terminated because you had reported something illegal at the workplace, were injured on the job, or you believe that you were being discriminated against during your hiring, discharge or employment then you should seek the advice of legal counsel prior to your hearing or filing for benefits.
