Initial Disqualifications Resulting in Denied Unemployment Benefits in Delaware
You could get your unemployment benefits denied in Delaware because of any of the following disqualifications:
• You quit your job or were fired before applying for unemployment benefits (assuming there was no wrongful termination, which is a reason to appeal).
• You are not currently separated from your employer.
• You are a school employee between academic years.
• You are enrolled in an educational program that limits your availability for work.
• You are unemployed because of commitment to a penal institution.
• You are unemployed due to a labor dispute.
• When applying for unemployment benefits, you fail to bring in proper identification.
• Your documents fail to pass the document authenticator, and during the pending period, you fail to produce acceptable replacement documentation.
• After you file the claim, you receive a letter requesting that you complete a form to send to the Delaware Department of Labor, and you fail to do so.
• A claims deputy completes an adjudication regarding your claim and determines you are ineligible to receive unemployment compensation.
• The Notice of Monetary Determination that you receive determines that you are ineligible to receive unemployment compensation.
• You are discharged from your job for a just cause in connection with your work, such as lateness, unexcused absences, misconduct or the violation of company rules.
• You fail to register with the Department of Employment and Training (DET) within three business days of filing your clam.
Getting Unemployment Compensation Benefits Denied After Being Accepted Into the Delaware Program
In addition to having unemployment benefits denied due to an initial disqualification, beneficiaries can be denied even after they receive unemployment compensation in Delaware. For instance, if you choose not to actively seek work, if you refuse to accept a job offer for which you are reasonably suited and which pays the general rate for that type of work, or if you are simply unable to work, you will have your plea for continued unemployment compensation benefits denied. You will also experience denied unemployment benefits in Delaware if you fail to participate in re-employment services or if you knowingly make false statements to obtain benefits payments, among other reasons.
Delaware Unemployment Denial Appeals
If you are wondering, “What can I do if unemployment denied me benefits?” there is one measure that you can take: You may request a hearing before an appeals referee. Applicants are also allowed to use this avenue if they believe they should have received a higher benefits payment. To file an unemployment denial appeal in DE, you must submit a request for a hearing in person or by writing to your local office within 10 days of the date of the Notice of Determination. Unemployment denial appeals filed by email are unacceptable because the person filing the appeal must sign the request.
You must still continue to file claims weekly. At any point during the appeal process, if it is determined that you are eligible for benefits, you will receive benefits only for the weeks when you timely filed and met all other eligibility requirements.
An appeal hearing is scheduled within a few weeks after an appeal is filed. All parties are mailed a Notice of Hearing that provides the date, time, location and the issues to be covered in the hearing. You may request permission to participate in the appeal hearing by telephone.
All requests to reschedule a hearing before the Lower Authority Appeals Unit must be made at least three days prior to the hearing. Also, you can have involved persons appear as witnesses; you can have an interpreter; and you can have an attorney represent you.
After the hearing, an appeals referee decision will be mailed to the parties involved. You may appeal to the Unemployment Insurance Appeals Board (UIAB) in case your benefits are denied a second time. Furthermore, you can appeal a denial from the UIAB by going to the Superior Court, and thereafter by going to the Delaware Supreme Court.