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Applicants may get denied unemployment in Mississippi for one or many of several reasons. Candidates can get unemployment benefits denied either in the initial application process, or even after he or she has have begun to receive unemployment insurance payments. Should an applicant be denied unemployment, he or she has recourse to file an unemployment denial appeal with the state.
If you have asked “What can I do if unemployment denied me benefits” you can learn more about the possible reasons for being denied, in addition to the appeal process in the following sections:
• Unemployment initial disqualification in Mississippi
• Unemployment compensation benefits denied in Mississippi
• Unemployment denial appeals in Mississippi
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Appealing Denied Unemployment Benefits
The initial process of claiming benefits for unemployment may be confusing or overwhelming due to the number of considerations and qualifications an applicant must meet. Often times, claimants get unemployment benefits denied in Mississippi because of an error in the application process.
Below are a few reasons a petitioner may be denied unemployment:
1) He or she did not work in at least two quarters of the base period.
2) He or she did not earn at least $780 in the highest quarter of the base period.
3) He or she did not earn 40 times their weekly benefit amount in the base period.
4) He or she has left work without good cause under the law.
5) He or she was discharged for misconduct connected with the work. Misconduct is construed as willful and wanton disregard of the employer’s interest as is found in deliberate violations or disregard of the standards of behavior which the employer has the right to expect from his employees. Wrongful termination however, does not disqualify the claimant from unemployment insurance benefits.
6) He or she did not provide proper identification when claiming benefits for unemployment.
7) He or she is unemployed because of a labor dispute.
8) He or she is receiving a pension toward which a base period employer contributed.
9) He or she is receiving or have received payment in the form of a back pay award or other compensation allocable to any week, whether by settlement or otherwise.
10) He or she is receiving or seeking unemployment benefits from another state.
11) He or she has made a false statement or withheld facts to obtain benefits (this also qualifies as “fraud”).
A claimant may be denied unemployment benefits if he or she works with the following types of service, which do not qualify as employment under the Mississippi Employment Security Law:
• In the employ of a church, certain religious organizations or licensed ministers
• By public elected officials or as a member of a legislative body
• As a member of the State National Guard or Air National Guard
• As an employee of a government entity serving on a temporary basis due to a natural disaster
There other types of work for which an unemployment insurance coverage petitioner may not receive benefits under MS stipulations. Candidates who are unsure of how to claim unemployment benefits should contact the local unemployment office and speak to a representative.
In addition to having MS unemployment benefits denied due to an initial disqualification, UI beneficiaries can be denied unemployment benefits even after they have begun to receive unemployment compensation weekly. For example, if a claimant was not able or available to work, and did not seek full time work, he or she will be denied unemployment. Furthermore, if a claimant did accept suitable employment, did not file a claim for benefits or did not register for work at the WIN Job Center, he or she will no longer meet the qualifications for unemployment, and will not receive aid. Failing to participate in required WIN Job Center activities will result in the denial of unemployment insurance coverage. Recipients must file for unemployment weekly and submit a list of job-seeking activities performed throughout the week in order to be in good standing with the office dispensing aid.
If an applicant has been denied unemployment benefits, he or she can file an unemployment denial appeal, especially if he or she disagrees with the reasons outlined. An unemployment denial appeal is an option for both the former worker and the employer. When the Monetary Determination is made, both parties have 14 days of the mailing date of the determination to appeal. The unemployment denial appeal can be done by phone, fax or mail. Upon receipt of the appeal, the Appeals Department will notify all interested parties of the date and time set for the hearing. Most hearings are conducted by telephone. At the appeal hearing, parties may present sworn oral testimony before an Administrative Law Judge, may submit exhibits and may present witnesses to testify at the hearing. The applicant will be made aware of the decision by phone or mail within a week or two after the hearing.