Unemployment Initial Disqualification in Montana
An applicant may have his or her unemployment benefits denied in Montana due any number of errors or oversights in the initial application process.
Applicants may be denied unemployment for any of the following:
1) They left their job for personal reasons that were not work related. These can include a claimant’s voluntary reduction of hours, lack of transportation or lack of child care, family issues, illness or other personal reasons.
2) They were discharged, suspended or fired for misconduct. Misconduct can include theft, dishonesty, or illegal actions, carelessness or negligence, attendance issues, violation of a known policy or rule, insubordination or destruction of company property. On the other hand, a wrongful termination would not disqualify an applicant for benefits.
3) They did not honestly and accurately report the reason they are unemployed when they filed for unemployment.
4) They did not register for work online.
5) They did not earn enough wages in their base period to be monetarily eligible.
6) They are on an employer-approved leave of absence.
7) They are not working due to a strike or labor union dispute. Special laws govern these claims.
8) They are self-employed full time.
9) They are currently receiving Workers’ Compensation for an on-the-job injury.
10) They are going to school but it does not improve their ability to get a job, get a more stable job or increase earning power.
Unemployment Compensation Benefits Denied in Montana
In addition to having MT unemployment benefits denied due to an initial disqualification, UI beneficiaries can be denied unemployment benefits even after they begin receive unemployment compensation in Montana. If an applicant did not sign a Claimant Agreement when he or she filed the claim, or did not report all the hours worked along with any wages earned when they filed requests, he or she will be denied unemployment. Furthermore, if an applicant did not continue to file his or her benefit payment requests weekly, or was not physically and mentally able to work or were not available to work the hours and days customary to his or her occupation, they no longer meet eligibility for unemployment. There are several more stipulations along this same fashion which can cause the cessation of unemployment insurance coverage.
Unemployment Denial Appeals in Montana
An applicant who has not been approved for benefits may be asking “What can I do if unemployment denied my application in Montana?” An applicant can file an appeal in an attempt to have the decision overturned. The unemployment denial appeal in Montana is a process always available to the claimant regarding the UI decision as rendered in the Notice of Determination. The appeal is an applicant’s request to change a decision with which he or she does do not agree. This right to appeal is held by both the applicant and the employer. The applicant has 10 days from the date of the decision to initiate the appeal. Applicants can file the unemployment denial appeal online, by mail, fax or phone.
If either the former worker or the employer disagrees with the Notice of Determination on an issue, they can request a “redetermination” for unemployment insurance. Whoever requests the redetermination will be asked to provide the reason they disagree and any new supporting facts. A second decision will be mailed to all appropriate parties.
If either party disagrees with the initial unemployment registration denial decision, they can request a telephone appeal hearing. The Office of Administrative Hearing will notify them of the time and date of the hearing. A third decision will be mailed to all appropriate parties. If either party disagrees with the appeal hearing decision, they can request a review with the Board of Labor Appeals (BOLA). BOLA will notify them of the review date and time and conduct the review. If they then disagree with the BOLA decision, they have the right to appeal to the District Court and then a final appeal can be made to the Montana Supreme Court.
It is important to remember that during the unemployment denial appeal process, the claimant should filing weekly claims while the appeal is being processed. If the decision rendered allows the former worker to receive benefits, he or she will be paid only for the weeks which were filed on time. Conversely, if the decision that approved the claimant for unemployment aid is reversed, the claimant will be required to repay any benefits they were paid for the weeks he or she was disqualified.