Reasons Why Unemployment Benefits Could be Denied

OpinionFront Staff Sep 30, 2018
Unemployment benefits are paid by the state or any designated agency, to the unemployed individuals. The aim here is to explain the importance of these benefits, the reasons for which it can be denied and how to claim for denied insurance and benefits.
Unemployment benefits have always been a topic of debate. In the recent past, due to turbulent economy and recession, the number of unemployed individuals has increased manifold. The purpose of unemployment benefits is to help these people live a respectful lifestyle till they get their financial position back on track.
However, the unemployment compensation may be denied to the individuals who do not satisfy certain terms and conditions.
Almost all nations provide unemployment benefits to their citizens. The benefits are provided by taking into consideration the previously earned salaries by these unemployed people. This helps the government authorities decide what amount shall be correct for helping the person live a good life.
The unemployment insurance benefits can be received by people who have been lately laid off from their office. Another advantage of these benefits would be the freedom to spend the money as per their personal choice. The advantage of a tax-free income due to the unemployment insurance cannot be neglected.

Why Unemployment Compensation is Denied?

There are several reasons why people are denied unemployment benefits.

* The most important reason is quitting the job without giving a valid reason. The reason for quitting the previous job should be good enough for one to get the benefits.
Genuine reasons such as non-payment of salaries by a previous employer, family related problems, below standard or unsatisfactory working conditions or discrimination of any kind done at the place of work can, however, help in getting unemployment benefits.
* Another reason for denied benefits is proven misconduct in the office premises of the previous employer. There are many cases where people are refused unemployment benefits as they have a proven criminal background. In this case, the benefits are denied for 12 months from the date of discharge from the job.
* Benefits are also denied when a person refuses to take a job that he is capable of or eligible for, without giving a proper reason, after he applies for benefits.
* If one loses the job due to strike, or other industrial controversies in the office, the right to claim the benefit will be suspended for 49 days or till the dispute ends, whichever comes first, even if one was not involved directly in the dispute. The suspension starts from the day of the discharge.
* The benefit may also be denied to those who are physically or mentally incapable of employment, are not willing to work or are not ready to work immediately. The candidates will only be considered after they prove to the Department of Labor that they are fit and willing to work.

How to Get Denied Compensations?

There are many situations where individuals are not given unemployment benefits even though they have a reason to get them. The option in front of such individuals is to appeal against the denial. A Notice of Determination is served to such individuals stating the reasons for denial, duration for which it has been denied and the procedure to re-qualify.
They can consult expert attorneys or lawyers for their legal help. Remember that the appeal should be filed in this regard with the state agency within 15-30 days of receiving the Notice, depending on which state they are in. If there is a delay in the process of filing an appeal beyond the last date, then the plea will not be considered.
The individual will have to appear for a hearing in this case and it will require a full preparation for proving the claim. One must have all the document and proofs which one can put forth to get the unemployment benefits.
Denied unemployment benefits can be frustrating for a person who is not at all guilty of any wrongdoing. With proper legal help, these people can surely get the benefits.