The reasons applicants are denied unemployment benefits in Nebraska are varied and are based on each unique case. In some cases, the denial may involve an initial disqualification in the application process, or may occur during the course of an applicant collecting weekly benefits.
Should an applicant be denied unemployment in NE, he or she has the option to file an unemployment denial appeal with the state. If you’ve asked “What can I do if unemployment denied me benefits?” you can learn more about why and the options available to you.
We have compiled helpful information, hints, and tips about appealing an unemployment benefits denial in Nebraska on this website and FAQs and our free guide.
Learn more about this process in Nebraska by reading below, checking out our Nebraska FAQs, and reading our free guide.
Reasons Why Your Unemployment Claims May Be Denied in Nebraska
Oftentimes, claimants get unemployment benefits denied in Nebraska due to errors in the application process.
There are several pitfalls one may come across during the initial process, including:
- The applicant was missing the required information or identification when filing an initial claim.
- The applicant did not meet the minimum earnings requirements from insured work during the base period. If he or she is not sure whether work is insured employment, they should file a claim and request weekly benefits. A wage investigation will be conducted to determine if they meet eligibility for unemployment benefits.
- The claimant is employed with or on behalf of an educational institution and has applied for unemployment insurance benefits between terms and/or during regularly scheduled breaks.
- The petitioner is regularly attending school as a full-time student and they applied for benefits based on wages earned while not a student. An exception may apply if he or she is enrolled in a training program that has been approved by the Commissioner of Labor.
- The candidate was unemployed due to a work stoppage resulting from a strike or a lockout.
- The claimant was applying for benefits for weeks in which he or she received additional payments from their employer. Examples of these would be vacation, severance, holiday, bonus, sick, workers compensation or pension payments.
- Applicant quit his or her job without good cause. Examples of good cause are the conditions of work, compelling health reasons or quitting to escape spousal abuse.
- The worker was discharged for “ordinary misconduct” (the burden of proof is on the employer), “aggravated misconduct”, and “gross misconduct”. Wrongful termination, on the other hand, does not disqualify the claimant from benefits.
- The petitioner applied for benefits while on a leave of absence.
- The candidate made false statements with regard to his or her claim.
Learn About Unemployment Compensation Denials After Initial Acceptance in Nebraska
In addition to having NE unemployment benefits denied due to initial disqualification reasons, UI beneficiaries can be denied unemployment benefits even after they begin receiving unemployment compensation. Applicants receiving unemployment insurance will lose them if they did not keep their address current or did not file for weekly benefits online while the claim was being processed, or afterward or while an appeal is pending.
In addition, claimants will be denied unemployment if they did not meet weekly work search requirements or participate in other mandatory activities with the employment services office. If a beneficiary did not accept an offer of suitable employment or failed to accept a Nebraska Department of Labor Employment Service referral, he or she will no longer meet the qualifications for unemployment benefits in Nebraska.
Learn About Unemployment Denial Appeals in Nebraska
Regarding the NE unemployment denial appeal, adjudication is the process used to resolve questions regarding eligibility for unemployment insurance benefits. The applicant’s claim may be referred to an adjudicator if there are questions about why he or she left a job, or whether they are able and available to work.
The UI petitioner has the right to appeal if he or she disagrees with a determination regarding the claim. If a claimant wants to file an unemployment appeal, it must be received at the Nebraska Claims Center or filed online within 20 calendar days from the date the determination was mailed. The petitioner can file his or her unemployment denial appeal online, in writing by mail or by fax. If the appeal is in writing, the former worker must state the reason why he or she wishes to appeal and include a signature, Social Security number, employer’s name and the Determination ID from the determination letter. Both the claimant and the former employer can file an appeal.
If the claimant had his or her unemployment compensation benefits denied, the Nebraska Appeal Tribunal will notify the applicant when the appeal has been received. The date and time of the appeal will be sent to them in a separate notice. The unemployment claim applicant must follow all instructions from the Appeal Tribunal. Appeal hearings are conducted by telephone conference call. They are free and a lawyer is not required, but the claimant may be represented at his or her own expense.
It the claimant disagrees with the appeal decision, he or she may request by mail that the decision be reconsidered or have the option to appeal to the District Court.
Last Updated: February 28, 2023