The reasons applicants are denied unemployment benefits in North Dakota are varied. In some cases, applicants are denied unemployment in the initial application stages, while other times benefits are lost during the course collecting the weekly aid. Should an applicant be denied benefits in ND, he or she has recourse to file an unemployment denial appeal with the state.
Reasons Why Your Unemployment Claim May Be Denied in North Dakota
A petitioner may have his or her unemployment benefits denied in North Dakota for a number of reasons. Many times, a candidate will have his or her unemployment compensation benefits denied in the application process. Initial disqualifications for receiving unemployment insurance for the following:
- Claimant voluntarily quit work without good cause attributable to his or her employer.
- Claimant was fired for misconduct connected with work behavior.
- Employment is related to a labor dispute. There are exceptions to this law and the applicant should always apply for benefits to allow Job Service North Dakota to make a formal decision on the applicant’s eligibility for unemployment.
- Petitioner failed to report to the Job Service North Dakota office as directed or for failing to properly claim unemployment benefits. They may also be denied benefits for failing to respond to requests for information in a timely manner by the due date in the request without good cause.
- Applicant is not a citizen of the United States and is not legally authorized to work in the United States.
- Candidate did not earn enough wages to be considered “monetarily eligible” for unemployment insurance coverage.
- Petitioner did not register for work by completing at least one online resume within 10 days of reopening his or her claim.
Learn About Unemployment Benefits Denials After Acceptance in North Dakota
In addition to having ND unemployment benefits denied due to an initial disqualification, UI beneficiaries can be denied unemployment benefits even after they begin receiving unemployment compensation. For example, if the applicant did not complete weekly benefit certifications to receive benefit payments in a timely manner or respond to requests for information by the designated deadline, he or she will no longer meet qualifications for unemployment. In addition, if the claimant did not seek a minimum of 2 job contacts or failed to record them, or neglected to complete his or her online Eligibility Reviews on UI ICE, the applicant will be denied unemployment and no longer receive aid. Furthermore, if an applicant was not able to not participate in mandatory Case Management activities when scheduled, he or she will no longer be deemed eligible for benefits.
Learn About Unemployment Denial Appeals North Dakota
Regarding the ND unemployment denial appeal, the claimant always has the option to initiate the process if he or she disagrees with a decision made on the claim. The claimant’s unemployment insurance appeal rights and time limits are explained in each decision. He or she must file the appeal within the time limit specified in the decision or lose the right to appeal. Those who have had their unemployment compensation benefits denied can file an appeal online, by fax or mail.
Once the unemployment denial appeal is filed, the former employee will receive a Notice of Hearing stating the date and time of the appeal hearing. In the case of telephone hearings, he or she is required to call the Appeals Unit 10 minutes prior to the hearing to provide the Appeal Referee with a telephone number where the claimant can be reached. The referee will then contact all parties who have called in and will conference them together for the hearing. Failure to participate in the unemployment registration hearing may result in a decision against the claimant. If the claimant arrives late, he or she may not be able to join the hearing.
At the hearing, testimony will be taken under oath from all parties. The unemployment claim petitioner has the right to provide witnesses and may be represented by an attorney if they desire. The attorney is the responsibility of the claimant, and the attorney’s name must be provided to Job Service North Dakota.
Regarding the unemployment denial appeal, if the UI petitioner disagrees with the decision of the Appeal Referee, he or she may request a bureau review. There are time limits set as to when the claimant must file the request for bureau reviews.