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For applicants wondering how to address denied unemployment benefits in Utah, viable options do exist. The first thing to do is to make sure that all Utah unemployment claim verification documents submitted contained fully accurate information. The documents can be checked online or in the Notice of Monetary Determination letter sent in the mail. The denial can be based on failure to provide certain documents, having recorded them inaccurately, or having a former employer claim that termination of employment was your fault. See the following section for details on the most common reasons for denial and what you can do.
If you believe any of these reasons were in error, an appeal is possible. Learn more about unemployment denials with the following topics:
Utah Unemployment Resources
Appealing Denied Benefits
If an unemployment benefits claim is denied, it is possible to file an appeal with an Administrative Law Judge who will review the state’s decision. During the review process, weekly claims will still need to be filed in order to receive benefits for those weeks. The unemployment compensation benefits denied will be eventually paid out as long as the decision is overturned and this is done. The process will entail the petitioner meeting with his or her former employer and an appointed judge to oversee the proceedings. Much like with the appeals process for wrongful termination, the applicant will be granted the opportunity to argue his or her point with evidence and witnesses. After the appeal process, the candidate will be notified whether the decision to deny him or her unemployment benefits was repealed, and the next steps to take.
The unemployment denial appeal must be in the form of a written letter explaining the reasons why the applicant believes that the denial is unjustified. For example, the letter must explain why the candidate believes he or she was the victim of wrongful termination. Once submitted, a notice to appear for a court hearing will be sent, which will include a request for verification documents. Once this noticed is received, the applicant must immediately contact the Appeals court to verify the hearing date and provide contact information in the event that the date is changed. If the court is not contacted, the hearing will be canceled. Pay close attention to the instructions in the notice, as they will explain how to present evidence, such as documents and witnesses at the hearing. Utah unemployment insurance petitioners will not need an attorney in the hearing because the Administrative Law Judge will assist them. If the candidate chooses to hire representation, the attorney must submit a request by writing to the judge to approve any fees. If the court rules in the applicant’s favor, his or her employer has the right to appeal and attendance at another hearing may be mandatory.
One common reason applicants are denied unemployment is because they missed the eligibility review that is sent in the mail after about three weeks. Another reason candidates do not meet eligibility for unemployment is that the employer contacts were not verifiable. All contact information must be current and filled out correctly. There is also a Re-employment Services and Eligibility Assessment appointment that must be made and kept in order to prevent being denied. The reason(s) for denial will be listed in the written decision that is sent in the mail, which will include instructions on how to appeal the decision. Other reasons applicants may be denied include: voluntary resignation, being terminated for just cause, being unemployed due to a strike, being unavailable to work full-time, maintaining earnings that exceed weekly benefits or travelling to a foreign country for an extended period of time. All foreign travel must be reported to the Department of Workforce Services to prevent any overpayments or fines.
If an applicant refuses to work, he or she must report it immediately. He or she may still meet qualifications for unemployment if the work was unsuitable for a variety of reasons. Report these reasons and the Claims Center will contact you with instructions regarding how to proceed.
An overpayment notice is sent in cases where UT unemployment insurance benefits received are greater than the claimant was supposed to receive. This notice will explain how to set up an installment agreement to prevent any garnishment of future wages or federal/state tax refund checks or property lien.