Reasons Why You May Have Been Denied Unemployment
While filing for unemployment in the state of Kansas, it is beneficial to learn the reasons why you may have your unemployment compensation benefits denied. There are many factors behind the decision of who is eligible to receive unemployment benefits. The factor that is most examined is the reason why the applicant is currently unemployed. Unless your termination from employment came at no fault of your own, it is likely you will have your unemployment benefits denied.
To reduce your chances of being denied unemployment in Kansas, make sure you have not been terminated for 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 work place property or equipment, exceeding a value of $25.
Your former employer’s testimony will also be reviewed during the unemployment application process to ensure that your termination was lawful and of no fault of your own. It is vital that you are completely honest when stating your reason for termination, as well as when you provide any information or documents. Making false statements on your unemployment application may cause you to have your unemployment benefits denied, and you can even be charged with fraud.
If you can prove that your termination of employment was a direct result of wrongful termination, it is likely that that you will not be denied unemployment. If you feel like all of your documents were in place and your reason for unemployment was valid, yet you were still denied unemployment benefits, then it may want to file a Kansas unemployment denial appeal.
What to do If You Have Your Unemployment Compensation Benefits Denied
Applicants who have their unemployment benefits denied in Kansas have every right to apply for an unemployment denial appeal. The appeal gives you a chance to file a new unemployment application, where your original reason for denied unemployment benefits will not be taken into account. In order to start your unemployment denial appeal, you will need to contact the unemployment insurance claim center by phone, fax, mail, or email and request an appeal within 30 days of having your unemployment benefits denied. After you have requested your unemployment denial appeal, you can expect to receive correspondence confirming your appeal, along with a notice from the appeal department regarding when your hearing will take place. If you do not receive any confirmation of your unemployment denial appeal within 10 days of your original request, it is recommended that you contact the appeals department again.
Your unemployment denial appeal will give you a chance to have your side heard as well as show any evidence you may have of your wrongful termination. Remember, your former employer will also be invited to attend the hearing or submit a statement. The appeal hearing will take place in front of a referee who will take each statement, document, and evidence into account. Your original denied unemployment application will not be taken into account at this time. Typically, applicants will not need a lawyer to represent them during an unemployment denial appeal in Kansas, but applicants have every right to hire an attorney and have them represent you during your claim. In some cases, the state of Kansas will be willing to pay all or partial lawyer fees during your unemployment denial appeal.
If your case is considered particularly complex, or has additional factors that need to be taken in account, then you may be scheduled for a secondary hearing in front of a higher court, during which time you case will be represented by the referee.