Having your Virginia unemployment benefits denied can be a stressful and frustrating experience, especially if it was due to a small oversight or error.
We have compiled helpful information, hints, and tips about appealing an unemployment benefits denial in Virginia on this website and FAQs and our free guide.
Learn more about this process in Virginia by reading below, checking out our Virginia FAQs, and reading our free guide.
What if I Have Been Denied Unemployment Benefits in Virginia?
If the Virginia Employment Commission has denied unemployment benefits, it is often the result of an error in filling out the application. Any incorrect wages, dates, or contacts could result in an automatic denial. Another common reason applicants are denied unemployment is when an employer reports that the applicant was fired for good cause. If that happens, the employer must provide evidence that the candidate lost his or her job because of misconduct. In this case, the petitioner can file an unemployment denial appeal, and provide evidence that he or she was unjustly fired. If you have your unemployment compensation benefits denied because of some other error on the part of the VEC, you may still have to appeal and simply bring the correct information. Remember to keep filing a weekly certification to prevent losing benefits that would accrue during the appeal process.
Other frequent reasons candidates are denied unemployment in VA are:
- Insufficient earnings for the base period.
- Not having an accurate record of wages.
- Not responding to a job referral.
- Not responding to the VEC office for an eligibility review.
- Not correctly filling out information like social security number.
Can I Appeal in Case of Wrongful Termination in Virginia?
Allegations of wrongful termination can be appealed if the employer is unwilling to admit error.
Are There Any Exceptions the Case of Wrongful Termination in Virginia?
Truck drivers can be terminated for either a single reason or for repeated incidents. The judge will provide an exception for VA unemployment insurance benefits if an applicant was fired for a single, relatively minor issue, compared to if it was for a repeated or severe issue. If the only incident was that the employee created large financial loss for the employer through negligence, this would not be considered misconduct or grounds for denial of unemployment benefits.
What Can I Do if Unemployment Denied Benefits in Virginia?
If a petitioner gets unemployment compensation benefits denied, he or she has the right to file an appeal to the Virginia Employment Commission, which will provide an impartial hearing. The unemployment denial appeal must be filed with the Administrative Law Division of the VEC by mail, fax, or in-person at a regional office.
The candidate must include personal information and the reason for filing the appeal. Furthermore, he or she will have the opportunity to present evidence and witnesses to the Appeals Examiner judge at the hearing.
What Happens After I File?
After filing the denial appeal, an applicant will receive a notice of the hearing date and the specific reasons for the unemployment claim denial. It is important for claimants to keep filing for unemployment insurance benefits weekly, as failure to do so could result in the loss of benefits. Candidates will lose eligibility automatically if they wait over 28 days to file any weekly request or register with any program, as instructed by the VEC.
How Will the Hearing Take Place?
The Appeals Examiner’s hearing will take place by telephone conference call. However, an applicant may request the Virginia unemployment denial appeal hearing to be conducted in person if he or she notifies the VEC before the date of the hearing. Otherwise, the hearing will take place over the telephone. It is a good idea to notify any witnesses you have requested to be available during the hearing for a phone call.
Do I Need to Hire an Attorney?
All unemployment insurance appeal hearings are designed to offer an impartial arena for the evidence to be brought forth and analyzed by a judge who specializes in unemployment law. While a petitioner is not required to seek legal counsel, he or she has the right to hire an attorney to further appeal the Appeals Examiner’s decision in a higher court.
Last Updated: March 1, 2023