Reasons Why You May Have Been Denied Unemployment Benefits
In the state of Kentucky, there are many reasons why and applicant may have had their unemployment compensation benefits denied. Every document and statement plays a part in determining the eligibility of an applicant. However, the most important factor considered during the unemployment eligibility process is the applicant’s reason for unemployment. In order to receive benefits, the applicant must have been terminated at no fault of their own or it is likely they will have their unemployment benefits denied.
In order to avoid being denied unemployment benefits, applicant should be sure that their employment termination does not include any of the following reasons:
• Willful disregard for your employer’s interest
• Being terminated due to misconduct that goes directly against office rules
• Failure to follow office rules or standard of behavior
• Being found under the influence of drugs or alcohol during work hours, making you unable to properly perform your assigned tasks.
• Theft or damage of workplace property or equipment exceeding a value of $25.
It is important to remember that the testimony of your previous employer will also be taken into consideration at this time. It is the responsibility of the employer and not the unemployed to prove that the applicant was not a victim of wrongful termination. In addition to this testimony, it is important that any information provided by both the applicant and the employer is completely honest and includes all require information. Failure to be honest on an application may result in having unemployment benefits denied, as well as a possible case of fraud.
If you were denied unemployment benefits despite your unemployment being a direct result of wrongful termination, you have the right to pursue an unemployment denial appeal.
What to do If You Have Your Unemployment Compensation Benefits Denied
If an applicant in Kentucky has had their unemployment benefits denied, he or she may choose to apply for an unemployment denial appeal. An appeal gives the applicant the opportunity to file a new claim and provide any extra information they wish to have taken into consideration. During the appeal process, the reason for having your initial unemployment benefits denied will not be taken into account, and your claim will be reviewed by a new representative. To start an unemployment denial appeal and applicant must contact the unemployment insurance claim center by fax, email, mail or phone and formally request an appeal. This contact must occur with 30 days of receiving notification that your unemployment benefits have been denied. Once an appeal has been requested, the unemployment center will then mail a confirmation stating where and when the appeal hearing will take place. If an applicant does not receive confirmation of an unemployment denial appeal with 10 days of their request, it is recommended that he or she contact the unemployment center again.
During the unemployment denial appeal process, any statements and evidence of wrongful termination will be reviewed by an unemployment referee. During this time, the applicant’s employer will also be asked to attend the hearing or submit a formal statement. Both sides will be granted the opportunity to have their side heard, at which point the referee will determine whether the applicant will be granted or denied unemployment. Applicants usually do not need a lawyer to represent them during the unemployment denial appeal hearing, however if they wish to have one present, then they have the right to do so. In some cases, the state of Kentucky will provide an applicant with legal representation or help the applicant pay for legal expenses. If an applicant’s case has particularly complex factors, including necessary voluntary unemployment leave, a move due to domestic abuse, or physical or mental illness, the case may require a secondary hearing in front of a higher court, at which time their case will be represented by a referee.