The Arkansas Unemployment Denial Appeal Process
If you are denied unemployment benefits in AR, you can still file an unemployment denial appeal with the Arkansas Appeal Tribunal to protest the original decision. During the appeals process for denied unemployment insurance, benefit recipients must continue to file for unemployment on a weekly basis until a final decision is issued. Interested individuals wishing to appeal denied unemployment compensation before the tribunal must do so in person at the local DSW office or by mail. If you elect to appeal by mail, your Arkansas unemployment denial appeal must be postmarked within 20 days of the original decision to be considered valid.
Note: Granted benefits can be contested by your former employer, and if his or her appeal is granted, you will be required to pay back any benefits you have already received.
Wrongful Termination Rules and Clauses in Arkansas
If your employer violated wrongful termination laws and you were denied unemployment benefits in Arkansas, you may be able to have the ruling overturned. If an employee resigned for or was terminated for any of the following reasons, he or she will need to inform the DSW office during the application process so that UI benefits are not denied:
• The applicant was subject to physical, sexual or verbal harassment.
• The workplace provided was unsafe or unsanitary.
• The employer violated state or federal employment laws, including discrimination laws.
• The applicant fell ill or was hospitalized.
How to Avoid Having Your Arkansas Unemployment Benefits Denied
To avoid being denied unemployment in AR, you must be as thorough and as honest as possible when filing a claim. You must report any income that you earn while receiving benefits, no matter how much or how little. To avoid having your unemployment benefits denied, you also need to provide an accurate account of your previous earnings so that you can receive the monetary amount you need. If you fail to report income, or you report more or less than you actually earn on purpose, you could face charges of fraud. Providing the state with false income information is a serious charge and is considered immediate grounds for the termination of your unemployment insurance. You may also be required to repay all of the benefits you received from the state.
Applicants will be denied unemployment benefits in Arkansas immediately if they meet certain circumstances. If you are terminated for refusing to follow orders or because of your job performance, you will more than likely not qualify for benefits. Former employees who voluntarily quit their jobs may not meet eligibility requirements either. Despite these facts, the DSW will investigate the circumstances of your termination or resignation, and under certain conditions, a terminated employee will still be able to draw benefits. Otherwise, unemployment denial appeals are a viable option.
Note that you will not necessarily have your unemployment compensation benefits denied if you decide to take on part-time work while you are unemployed in Arkansas. This is allowed, as long as certain conditions are met and the worker does not exceed 40 hours per week. Any income earned during periods of unemployment must be reported to the state by the applicant, and the amount that you earn must be less than 140 percent of your determined monetary amount.
Under certain circumstances, a claim can become inactive. When this occurs, the unemployed individual will need to start a new application for unemployment benefits. Your claim may become inactive if you are incarcerated, go on vacation, become ill or leave the United States. If this occurs, you will no longer receive benefits. However, you are allowed to continue receiving benefits from the state of Arkansas for up to two weeks if you elect to look for unemployment in another state. Once this time period ends, you will need to apply for benefits in your new state.