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If an employer fights your right to unemployment: Fight back

If you file for unemployment, it’s possible that your employer could refute your claim. If he or she contests it, there’s a chance that you could be disqualified from receiving it.

They may contest your application because of believing you don’t meet the qualifications. For example, if you’re fired for cause or quit, you are disqualified from receiving unemployment.

If you find that your employer is trying to prevent you from receiving unemployment benefits, an investigator from the State Department of Labor will need to look at the situation and analyze whether or not you truly qualify for unemployment. He or she will likely interview your employer, and you may be asked to answer questions about your time at the job and the reason for separation. After the interviews, the unemployment office staff makes a decision on your qualifications. Your employer can appeal the decision if you’re given unemployment benefits, and if you’re denied, you get the right to appeal.

If you choose to appeal your case, be prepared to go to court. You’ll need to present your case and may use witnesses to support your side of the story. If you have documents from your time on the job, bring them. Continue to make claims for unemployment benefits each week even during this time.

Your attorney can help you fight the claim that you don’t deserve unemployment compensation. If you were fired without cause or can show that you qualify, no employer should try to stand in your way. You can appeal and make sure you get what you deserve.

Source: The Balance, “When an Employer Contests Unemployment Benefits,” Alison Doyle, accessed Dec. 27, 2017

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