Initial Unemployment Disqualification in Nebraska
Often times, claimants get unemployment benefits denied in Nebraska due to errors in the application process.
There several pitfalls one may come across during the initial process, including:
1) Applicant was missing required information or identification when filing an initial claim.
2) Applicant did not meet the minimum earnings requirements from insured work during the base period. If he or she is not sure whether work is insured employment, they should file a claim and request weekly benefits. A wage investigation will be conducted to determine if they meet eligibility for unemployment benefits.
3) Claimant is employed with, or on behalf of an educational institution, and has applied for unemployment insurance benefits between terms and/or during regularly scheduled breaks.
4) Petitioner is regularly attending school as a full-time student and they applied for benefits based on wages earned while not a student. An exception may apply if he or she is enrolled in a training program which has been approved by the Commissioner of Labor.
5) Candidate was unemployed due to a work stoppage resulting from a strike or a lockout.
6) Claimant was applying for benefits for weeks in which he or she received additional payments from their employer. Examples of these would be vacation, severance, holiday, bonus, sick, workers compensation or pension payments.
7) Applicant quit his or her job without good cause. Examples of good cause are the conditions of work, compelling health reasons or quitting to escape spousal abuse.
8) Worker was discharged for “ordinary misconduct” (burden of proof is on the employer), “aggravated misconduct”, and “gross misconduct”. Wrongful termination, on the other hand, does not disqualify the claimant from benefits.
9) Petitioner applied for benefits while on a leave of absence.
10) Candidate made false statements with regard to his or her claim.
Unemployment Compensation Benefits Denied After Acceptance in Nebraska
In addition to having NE unemployment benefits denied due to an initial disqualification reasons, UI beneficiaries can be denied unemployment benefits even after they begin receive unemployment compensation. Applicants receiving unemployment insurance will lose them if they did not keep their address current, or did not file for weekly benefits online while the claim was being processed, or afterwards or while an appeal is pending.
In addition, claimants will be denied unemployment if they did not meet weekly work search requirements or participate in other mandatory activities with the employment services office. If a beneficiary did not accept an offer of suitable employment or failed to accept a Nebraska Department of Labor Employment Service referral, he or she will no longer meet qualifications for unemployment benefits in Nebraska.
Unemployment Denial Appeal in Nebraska
Regarding the NE unemployment denial appeal, adjudication is the process used to resolve questions regarding eligibility for unemployment insurance benefits. The applicant’s claim may be referred to an adjudicator if there are questions about why he or she left a job, or whether they are able and available to work.
The UI petitioner has the right to appeal if he or she disagrees with a determination regarding the claim. If a claimant wants to file an unemployment appeal, it must be received at the Nebraska Claims Center or filed online within 20 calendar days from the date the determination was mailed. The petitioner can file his or her unemployment denial appeal online, in writing by mail or by fax. If the appeal is in writing, the former worker must state the reason why he or she wishes to appeal and include a signature, Social Security number, employer’s name and the Determination ID from the determination letter. Both the claimant and the former employer can file an appeal.
If the claimant had his or her unemployment compensation benefits denied, the Nebraska Appeal Tribunal will notify the applicant when the appeal has been received. The date and time of the appeal will be sent to them in a separate notice. The unemployment claim applicant must follow all instructions from the Appeal Tribunal. Appeal hearings are conducted by telephone conference call. They are free and a lawyer is not required, but the claimant may be represented at his or her own expense.
It the claimant disagrees with the appeal decision, he or she may request by mail that the decision be reconsidered or have the option to appeal to the District Court.