How to Appeal a Denial of Unemployment Benefits
Sometimes applicants are denied unemployment benefits in NV, which can complicate the process. It is easy to overlook important information needed when claiming benefits for unemployment. If you had your unemployment benefits denied, recourse is available to those wishing to appeal the decision.
The following sections will tell you everything you need to know about the appeal process:
- What can I do if unemployment denied my benefits in Nevada?
- What are typical reasons to be denied unemployment benefits in Nevada?
- When must I begin my unemployment denial appeal in Nevada?
- What if I missed the last day to file an unemployment denial appeal in Nevada?
- What do I do after filing an appeal?
- Will I need an attorney?
- What happens at the appeal hearing?
Nevada Unemployment Resources
What Can I do If Unemployment Denied My Benefits in Nevada?
If an applicant has been denied unemployment benefits in NV, he or she has the right to appeal the initial decision by the Nevada ESD. Applicants asking “What can I do if unemployment denied me benefits?” can seek help from employees at the unemployment office. The appeal must be submitted in writing and include the applicant’s full name, Social Security number and current address.
What are Typical Reasons to be Denied Unemployment Benefits in Nevada?
In many cases, candidates get unemployment benefits denied as a result of inaccuracies in reported wages, dates, or contacts. It might have been due to the employer contesting that the petitioner was unjustly fired. In that case, the employer would have to show that the unemployment insurance claimant was discharged for misconduct. If this is true, then unemployment benefits would be unavailable unless the applicant were to work for 15 weeks afterwards, and earn at least what he or she would have received from the weekly unemployment benefit.
In some cases like wrongful termination, candidates will also have to appeal the denial, unless the employer is willing to admit error. If the employer argues that the claimant was fired for misconduct, he or she might have unemployment compensation benefits denied, at which point an appeal must be filed in addition to the weekly claims until further notice.
When must I Begin my Unemployment Denial Appeal in Nevada?
Petitioners must initiate the Nevada unemployment denial appeal within 11 days of the date the denial letter was received. It does not have to be received before the 11th day, but must be postmarked or faxed on that day or earlier.
What if I Missed the Last Day to File an Unemployment Denial Appeal in Nevada?
The amount of time a claimant has to file an unemployment denial appeal may be extended if he or she has extenuating circumstances. If it is the last day to file, and it is a holiday, it is acceptable to file the next business day. If you file late for some other reason, be sure to explain in writing why you were unable to apply within 11 days and include documentation or evidence (such as proof of being in the hospital, etc.). After you are denied unemployment insurance benefits, make sure to file the appeal as soon as possible. If you have not received documentation, you must explain why it is not included and confirm that you will submit it later.
What Do I Do After Filing an Appeal?
When an applicant has unemployment compensation benefits denied in NV, filing an appeal will initiate a hearing on his or her behalf. Remember to keep filing the weekly claim, as failure to do so might result in delay or denial of benefits, even if the appeal is won.
Unemployment insurance coverage petitioners will be sent a hearing notice at least 7 days before the hearing. This notice will contain information about how to gather evidence and witnesses for court. It will also explain how to request counsel if desired, and what the current legal situation is regarding the claim’s denial. If the claimant wishes to have subpoenas issued, he or she must show why they are necessary during the hearing. At least 2 days before the hearing, submit all of the evidence to be reviewed by the appeals office.
Will I Need an Attorney?
Claimants who completed the file for an unemployment claim appeal will not need an attorney because the appeals process and hearing are designed to offer fair legal representation without one. The Appeals Referee is an impartial agent of the Employment Security Department of Nevada who will rule over the case.
What Happens at the Appeal Hearing
At the unemployment denial appeal hearing, the Appeals Referee will begin by presenting the reasons for the denial decision and the other issues listed in the first notice the applicant received. The referee’s job is to determine the credibility of witnesses based on any evidence provided by both the claimant and his or her employer. The burden of proof is on whoever took the initiative in quitting or firing. If you were fired, your employer has the burden of proof; if you quit, you have the burden of proof and must show good cause for quitting. Remember to choose your witnesses carefully since any negative marks against them by the employer could count as evidence against their testimony.
Another role of the Appeals Referee is to facilitate orderly and thorough examination of all witnesses. Any authorized party may examine or cross-examine witnesses of the opposing party.